As your trade-mark lawyer, Heydary Hamilton PC can provide you with a full range of trade–mark related services, including counseling on trade–mark branding strategies, preparing and filing Canadian, U.S. and other foreign trade–mark applications, prosecution of your trade–mark application, renewal of your trade–mark registration, litigation to enforce trade–mark rights including domain name disputes, defence against alleged infringement, licensing and the transfer of ownership in trade–marks.
A trademark is any word, phrase, logo, symbol, design, alphanumeric grouping, or combination thereof, adopted and used in association with on wares / goods / merchandise or associated with services, and used for the purpose of identifying the products or services, and to distinguish them from the wares / goods / merchandise or the services of others.
The primary purpose of a trademark is as a source indicator, to prevent consumers from becoming confused about the source or origin of the product or service. A trademark generally indicates that the wares / goods / merchandise or services come from the same source as all other wares / goods / merchandise or services associated with the same mark.
Aside from creating rights by registering a mark, rights may be conferred by the common law through the commercial “use” of the trademark in association with wares / goods / merchandise, in association with services, or by making the trademark known that in Canada. If an owner can establish that the general public recognizes the trademark, then the owner has rights in that trademark and can prevent others from using a confusingly similar mark.
While rights may be conferred by the common law, those rights are generally weak and limited in geographic scope as compared to the rights for a registered trade mark.
Registration does have its benefits, namely:
For our current rates for the registration of a trade-mark, visit our Fees Promotion page for technological matters.
To schedule a consultation with a trade-mark lawyer, Kindly contact Heydary Hamilton PC today.