There are so many benefits that it’s hard to list all, below are just a few.
- Registration provides the owner with exclusive rights to use the mark in Canada for 15 years and in the US for 10 years. Registration is renewable every 15 years in Canada and every 10 years in the US after that. The owner of an unregistered mark has protection within a confined geographic area where he enjoys an established reputation and goodwill.
- A registered trademark is a valuable asset to your company and can be sold or licensed. It also increases the value of a company.
- A registered mark will create a presumption that the trademark is distinctive, valid and owned by the registered owner. If there is ever a dispute about the mark, the burden of proof will lie on the party challenging the registered mark.
- Your trademark may become incontestable 5 years after the registration the trademark. This will help to eliminate most arguments that the owner does not have the exclusive rights to the trademark.
- A Canadian trademark registration allows for registration of a corresponding .ca domain name (fulfills “Canadian Presence requirements”) for non-Canadian brand owners.
- Trademark registration provides a ground for an opposition in case you need to challenge your competitor’s trademark.
- Your registered trademark serves as public notice that its owner has exclusive right to use the mark in Canada (or the US). Trademark registration often deters others from using a mark that is the same or similar.
- A registered trademark facilitates lawsuit as suing for infringement is generally easier than suing for passing off.
- Trademark registration can be used as a basis for obtaining registration in other countries.
- Registration may be filed with the Customs Service to prevent importation of trademark infringing foreign goods.
- If you are an Amazon seller, a trademark registration will enable you to get into the Amazon Brand Registry (check out our article about that).
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