Understanding Trademark Infringement in Canada: Part 3
Under Canada's Trademark Act, there are several routes of action and consequences that can occur if a trademark infringement happens. A company who commits trademark infringement may be subjected to a temporary or permanent injunction, legal costs, pre and post-judgment interest, or the destruction of infringing materials.
This spotlights the significance of registering your mark. Trademark registration provides prima facie evidence of ownership. Registration can also help with disputes because the owner does not need to prove ownership. It is important for trademark owners to "police" or defend their trademarks from infringements to maintain the distinctiveness of the mark.
Trademarks are considered to be an asset to a business. With the new law introduced in June of 2019, it is now easier to register your trademark internationally. When registering your trademark with CIPO, you are safeguarding the use of your trademark within Canada only. It is possible to file in a wide range of countries by utilizing the Madrid Protocol. The Madrid Protocol offers trademark owners the opportunity to file a single application for world-wide registration with the World Intellectual Property Organization (WIPO).
The World Intellectual Property uses a series of information while examining the trademark application. If the examiner has any objectives, the Registrar must provide an opportunity for the applicant to respond to the objections before they can refuse a Protocol application.
As outlined in the CIPO website, examples of Provisional Refusal may include:
- the trademark is not registrable in Canada;
- certain requirements under the Trademarks Act or Regulations are not met
Registering your trademark can be challenging. Extending your trademark further protects your trademark and can serve as a great asset.
To learn more about the ins and outs of trademark laws in Canada, contact us to speak to a trademark agent or lawyer in Edmonton. We specialize in intellectual property, how to officiate trademark registration, as well as the unique competitive benefits of trademarking services and products. When applying for your trademark, you may want to protect your assets beyond the Canadian market.