Let's protect your trademark!
01
Trademark Availability Assessment, Licensing & Advice
Adopting a trademark involves important considerations. If you start using a mark that another business already uses or has registered, rebranding can be costly and disruptive. Also, to keep your trademark valid and enforceable, it must be used consistently and only by the owner or authorized licensees. We can guide you through these steps to help protect your brand from the start.
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As part of our trademark application service, we include a brief search and assessment to identify potential issues early. For businesses investing significantly in their brand, we can conduct a more comprehensive search and provide a formal opinion on the trademark’s availability and registrability.
If you allow another business to use your trademark, a licence agreement is essential to maintain your rights and ensure proper control over how the mark is used. This includes licensing within the same corporate family, where trademarks may be used by related or affiliated entities. We can prepare trademark licence agreements that clearly define the scope of use, quality standards, and obligations of each party, helping you protect your brand.
We can assist with a range of additional trademark matters, including trademark assignments in the event of a sale, due diligence for business acquisitions, and guidance on the proper use of your trademarks.
02
Trademark Registration
Although some trademark rights arise through use, registration provides significant advantages:
- It gives public notice of your rights — other businesses searching the Trademarks Register can see your application or registration and recognize your prior claim.
- Once registered, your trademark is enforceable across Canada.
- A registered trademark is generally easier and more cost-effective to enforce.
Our Trademark Agent ensures your application is properly prepared and filed with the Canadian Intellectual Property Office. Before filing, we also conduct a quick assessment to identify potential issues that could prevent registration.
03
Trademark Enforcement
A registered trademark remains valid and enforceable only if the owner actively protects it. If another business is using a mark that is identical or confusingly similar, or is attempting to register such a trademark, we can help you enforce your rights.
We also assist clients who have received cease and desist letters from other parties, providing guidance on how to respond and protect their interests.
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We can assist you with sending a cease and desist letter, negotiating with the other party and drafting a settlement agreement. If litigation is necessary, we can refer you to an IP litigation lawyer.
We can assess your situation and, if your chances of success are strong, assist with trademark opposition proceedings, negotiations, and settlements. Additionally, if another party has registered a confusingly similar trademark but is no longer using it, we can take steps to have it expunged from the Trademarks Register, helping you protect your brand.
We can assess your rights, negotiate with the other party and prepare or review a settlement agreement. If a settlement can’t be reached, we can refer you to an IP litigation lawyer.
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