Trademarks

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

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

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

Significant Areas of Service

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