Future-proof your brand: Trademarks
In today’s competitive and crowded marketplace, standing out is crucial. While trademarks may have traditionally been seen mostly as a legal safeguard, they provide a powerful way to build brand value and create differentiation.
Trademarks aren't limited to words and logos. In Canada, trademarks include 3D shapes, holograms, moving images, modes of packaging, scents, tastes, textures, sounds, colour, and positioning. This opens a world of possibilities for creative brand protection.
When it comes to trademarks, there are two main options: registered and unregistered (or common law) trademarks. While both offer protection, registered trademarks provide several key advantages including but not limited to:
- Exclusive right to use the trademark throughout Canada.
- Helps prevent copycats from using similar marks and from entering the market for related goods and services.
- Becomes an asset that can be licensed or sold.
When selecting a trademark, it's crucial to choose one that's unique and distinguishable from competitors. CMA recommends conducting thorough searches and consulting with legal counsel to ensure your desired mark is available. It’s important to know that Canada operates on a first-to-file system, meaning trademark registration does not require prior use or intent to use in Canada. This means it’s easier to secure future use rights, but early registration is key.
To help marketers navigate the complexities of trademarks, CMA’s guide covers:
- The basics of trademarks, including the differences between registered and unregistered trademarks.
- Registration benefits.
- How to choose a strong, protectable trademark.
- Trademark stewardship.
For businesses operating in Quebec, it's essential to be aware of the Charter of the French Language, which impacts trademark use in the province. Non-French trademarks in Quebec must be accompanied by a visible and legible French trademark. That said, starting June 1, 2025, the French version must have a “markedly predominant” visual impact compared to text in other languages.
• There is an exemption for recognized trademarks which includes both registered trademarks and common law trademarks that have become known in Canada.
Being proactive when it comes to trademarks is key to protecting and elevating your brand. Think ahead and stay informed to future-proof your brand. Download the CMA member-only Guide to Trademarks.
