One of the biggest misconceptions I see among business owners is the belief that a catchy brand name automatically makes for a strong trademark. It doesn’t. In Canadian trademark law, the strength of a trademark depends largely on one thing: Distinctiveness. In other words, how uniquely your name identifies you as the source of your products or services. And not all trademarks sit at the same level on that spectrum. At the weakest end are generic terms: words that simply name the product or...

The Trademark Selection Process The strongest brands start thinking about trademark protection early. Ideally, before you’ve invested large sums of money in branding, packaging, marketing, etc. If you’re waiting until launch day to think about your trademark… we need to talk. Here’s what a smart trademark selection process looks like in Canada: 1. Brainstorm strategically (not just creatively). Build a list of potential names. But don’t just focus on what sounds good. Think about what will be...

When you start building your brand, one of the most important decisions you’ll make is who should actually own your trademark. In Canada, this is more than just a technicality: it can affect your legal rights, your business value, and your ability to grow. Here’s a breakdown of why company-owned trademarks are usually the safer, smarter choice, and when owning it personally might still make sense. Who Can Own a Trademark in Canada? Under Canadian law, a trademark must be owned by the person...