Trademark registration and a search for prior use

Your brand is a way for your customers to identify and distinguish your goods and services from that of some else’s goods and services. Businesses therefore safeguard their brand with the registration of one or more trademarks.

When registering for a trademark, it’s important to do a search to find out if there’s another party that may also be using a confusingly similar mark somewhere else in Canada.

As the Supreme Court of Canada held last week in Masterpiece Inc. v. Alavida Lifestyles Inc., 2011 SCC 27, in order for the owner of a registered trademark to have exclusive use of the trademark throughout Canada, there cannot be a likelihood of confusion with another trademark anywhere in the country.

In view of this recent ruling, it is recommended that a search be done before filing for a trademark registration in order to properly determine whether or not the registration is likely to succeed.

About David Lam

David Lam is a lawyer practicing business law, real estate law, intellectual property law (patents, trademarks, copyright, licensing), and litigation in the Greater Toronto Area. For more information and to contact David, please visit http://www.davidlam.ca.
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