Business Owner Trademark Rights

August 29, 2016

With a registered trademark, business owners acquire rights under the Canadian Trademarks Act and ensure that they are not left with the challenge of protecting an unregistered trademark.  It is with this protection that registered trademark owners can sue for trademark infringement as trademark registration is proof that they own that trademark.   Just as importantly, registration gives ten years of exclusive rights to a trademark, which is renewable at the expiration of that term.

Protecting your brand is good for your business. A trademark is intellectual property that is an asset of your business.  Although intangible, it may be your most important asset as it embodies your reputation and all of the good will you have built up in your business.  While it may be difficult to value, it is not hard to determine how much it would cost to rebrand if another company suddenly informed you that you could no longer user your trademark.  In short, a registered trademark protects your brand and the good name of your business.

Our fees for registering an application are modest in comparison to the costs of litigating trademark infringement claims. We are also available to prosecute your application throughout the process, which typically takes 12 to 18 months to fully complete.  Trademark registration is a process because the rights granted are powerful, so we are able to help steer your application through examination at the Canadian Intellectual Property Office and against any potential opposition.

In short, trademark registration gives you powerful rights under the law to protect a valuable asset of your business. If you are a business and would like to talk about how to set up in Canada and brand it and trademark it, feel free to contact J.P. McAvoy of ConductLaw at our Ottawa office.

ConductLaw is an Ottawa based business law firm with locations in Ottawa, Barrhaven and Kanata.  Our professionals are experienced business lawyers who can help with commercial real estate, liens, incorporations, trademarking or implementing corporate structures that manage tax obligations, whether as a corporation, partnership, family trust, testamentary trust, or any other type of legal entity.

Feel free to call or write one of our professionals at or 613.440.4888 for all of your business, commercial, real estate and estate planning needs