5 Benefits of Registering Your Trade Mark in Canada
Emily Young
Australia and Canada have an excellent trading relationship and take a similar approach to trade and business. This can make Canada an attractive location for Australian businesses. Luckily, registering your trade mark in Canada is a straightforward process. You can register your trade mark in Canada by either applying directly to the Canadian Intellectual Property Office or through the World Intellectual Property Organisation (WIPO) using the Madrid Protocol. This process will protect your trade mark in Canada for 10 years.
This article will take you through five benefits of registering your trade mark in Canada, to help you decide if registering your trade mark in Canada is right for you.
1. Expand Your Business
Australia and Canada have a long history of positive political and trade relations. As the 10th largest economy in the world and one of Australia’s free trade partners, there are a number of comprehensive bilateral agreements between Australia and Canada that can help Australian businesses thrive in Canada.
Additionally, establishing a branch of your business in Canada can help you easily expand into the United States and Mexico. Likewise, you may be able to take advantage of the Canada-US-Mexico free trade agreement. There are many incentives to trade in Canada. Having your trade mark registered in Canada is one way to help solidify your brand and aid expansion into the Canadian market.
2. Avoid Trade Mark Infringement
If you plan on expanding your business into Canada, you risk infringing on someone else’s trade mark. One way to avoid trade mark infringement is to register your trade mark in Canada. Going through the trade mark registration process will ensure your trade mark is not the same or too similar to a Canadian trade mark. This will help you prevent being part of a trade mark dispute, allowing you to legitimately grow your brand in Canada without impacting Canadian businesses.
3. Protect Your Own Trade Mark
Additionally, having your trade mark registered in Canada will prevent you from infringing on someone else’s trade mark. It will also protect your own trade mark. Trade mark registration means that other businesses cannot have a trade mark that is similar or identical to yours in the same type of goods or services that your trade mark operates in. This is an excellent way to increase the value of your business in the Canadian market.
4. Enforce Your Trade Mark
Trade mark registration gives you powers of enforcement. In Canada, having a registered trade mark will give you the right to:
- pursue civil litigation regarding your trade mark;
- sue businesses infringing on your trade mark; and
- apply for an injunction from the Federal Court of Canada to stop infringers.
Further, trade mark registration is the best way to prove that a trade mark is yours, making the enforcement process much more manageable if needed.
5. Commercialise Your Trade Mark
Finally, having a registered trade mark opens up a number of commercialisation options. This includes being able to licence your products to Canadian businesses. As the licensor, you will be able to sell a licence for your product to Canadian businesses or individuals. Registering your product as a trade mark is the first step to creating a licencing agreement in Canada.
Key Takeaways
Determining whether to register your trade mark in Canada will be dependent on your business’ unique circumstances. However, there are several key benefits to registering your trade mark in Canada, including:
- allowing you to expand into the North American market;
- avoiding infringement on Canadian trade marks;
- protecting your trade mark from infringement;
- giving you enforcement opportunities in Canada; and
- allowing you to commercialise your trade mark.
If you need help registering your trade mark in Canada, our experienced trade mark lawyers can help. Get in touch with them on 1300 657 423 or by filling out the form on this page.
Frequently Asked Questions
There are many benefits to registering your trade mark in Canada. Firstly, having one can help your business avoid trade mark disputes. Secondly, you can enforce your rights to your trade mark. Thirdly, you have the option to commercialise your trade mark in Canada. Determining whether to register your trade mark in Canada will be dependant on your business’ unique circumstances.
There are two ways you can register your trade mark in Canada. Firstly, you can apply directly to the Canadian Intellectual Property Office. Alternatively, you can apply through the World Intellectual Property Organisation (WIPO) using the Madrid Protocol. The Madrid Protocol is an international treaty that allows you to apply for several international trade marks in one application, including Australia and Canada.
The cost of registering your trade mark in Canada will depend on which method you use to register your trade mark. The price will also depend on the specifics of your application. For example, how many trade mark classes you intend to register your trade mark under.