A trademark consists of a word, symbol, or design (or a combination of these elements), used to distinguish the products or services offered on the market by a person or organization from those of others.

The registration of a trademark gives exclusive rights to use the trademark throughout Canada for 15 years; the registration is renewable every 15 years thereafter.

In some cases, the registration of a trademark may be declared invalid due to the fact that a similar trade name has already been used in Canada. Ideally, the applicant should conduct a search of existing trade names before filing a trademark registration application. For a thorough search, it is advisable to retain the services of a trademark agent.

A registered trademark is listed on the Trademark Register. The applicant is not required to register their trademark, as the use of a trademark for a certain period can establish ownership rights under common law, but it is strongly recommended to do so.

Registration is prima facie evidence of ownership rights. In case of a dispute, the registered owner does not have to prove their ownership rights; it is up to the challenger to provide evidence. The use of an unregistered trademark can lead to lengthy and costly legal actions to determine who has the right to use the trademark in question.

Registering a trademark with the Trademark Office only protects the owner's rights in Canada. If they sell goods or services in other countries, they should consider registering their trademark in each of those countries.

The process of registering a trademark can be complex; an experienced agent can help the applicant save time and money by avoiding pitfalls such as incomplete applications and incomplete searches.

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