The Importance of Registering Your Trademark by Murphy & Company

Written by Julie McMahon. Posted in Canadian Business Law

Apr 9th, 2011

Success in the business world depends largely on the message you convey and the image you project. If people cannot pick you out easily from the crowd, you are likely to be overlooked in favour of an individual or firm with a stronger presence.

A trade-mark is a word, a symbol, a design (or a combination of these features) that identifies your goods or services in the public mind and shapes how your products or services are perceived in the marketplace.

It is no coincidence that some brand names that dominated the North American market in the 1920s are still leaders today. The public gravitates towards familiar names and designs that have become associated with quality and reliability. This is why companies spend millions of dollars nurturing their corporate image.

A registered trade-mark is a key way of protecting your corporate identity. Registration of your trade-mark provides legal title to intellectual property in much the same way as a deed gives title to a piece of real estate.

Registration is prima facie (direct) evidence of your ownership – in a dispute, the registered owner does not have to prove ownership; the onus is on the challenger. Use of an unregistered trade-mark, however, can lead to a lengthy and expensive legal dispute over who has the right to use it.

To learn more about trade-mark registration, contact Murphy & Company at (604) 360-7014 or by email at: tmurphy@murphyandcompany.ca

This article is not legal advice and is not intended as legal advice. This article is intended to provide only general, non-specific legal information. This article is not intended to cover all the issues related to the topic discussed. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. This article is based on British Columbia law. You should consult with an attorney familiar with the issues and the laws of your country. This article does not create any attorney client relationship and is not a solicitation.

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