Trade-marks

Trade-marks are essentially brands, which help a company distinguish its goods and services from those of competitors and other offerings in the marketplace. An effective trade-mark strategy is the means by which customers recall not only the company's products and services, but the customers' experience with the company.

While trade-mark protection may exist without formal registration, a registered trade-mark offers significantly more protection to a business. In particular, a registered trade-mark grants the owner of the trade-mark the exclusive right to use the trade-mark in association with specific goods and services and is enforceable throughout Canada. Enforcement of trade-mark rights through litigation is more straightforward and less expensive where registration has taken place.

Through the goodwill that can become associated with a trade-mark and the protection offered through registration, a properly secured trade-mark can be critical in attracting and maintaining a loyal customer base.

Significant Areas of Service

  • Analysis and assessment of trade-mark availability, registrability, validity and infringement
  • Preparation, filing and prosecution of trade-mark applications in Canada and in foreign jurisdictions
  • Provision of advice regarding trade-mark portfolio management, strategy and the enforcement of trademark rights
  • Development and management of trade-mark licensing programs, including the preparation of trademark license agreements
  • Conducting due diligence to assess trade-mark status and validity in the context of business transactions
  • Trade-mark and domain name litigation, including opposition, expungement, cancellation, dispute resolution and other proceedings