What Protection is Awarded by Registering a Trade-Mark?

What Protection is Awarded by Registering a Trade-Mark?

What Protection is Awarded by Registering a Trade-Mark?

Registration is proof of ownership and therefore a key way of protecting a trademark from misuse and imitation. Registration is not obligatory but is highly recommended because it is a way of verifying the exclusive right that is established through using the trademark in relation to specific wares or services. In a dispute, a registered owner does not have to prove ownership; the onus is on the challenger. The risk in using an unregistered trademark is the greater likelihood of time-consuming and expensive legal proceedings in the case of a dispute, as well as the lack of national, exclusive protection of your trademark.

It is important to realize that, while registration affords the greatest possible legal protection against infringement or misuse of a trademark, it is, and can never be, a failsafe guarantee against all problems relating to trademark usage. For example, specific circumstances make it possible for a trademark to be expunged (removed) from the register on the basis of prior use of a confusing mark by another party.

Furthermore, registering a trademark with the Canadian Trademarks Office protects rights in that trademark in Canada only. Where an entity is providing wares or services in association with a given trademark in other countries, registration in each of such other countries should be considered.

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