What is a Trademark and Why Does it Matter?

What Is a Trademark and Why Does It Matter?
Protecting the brand behind your business

A trademark is more than just a logo or name — it’s the legal tool that protects your brand identity. Whether you’re launching a new business, product, or service, trademarks help you stand out, build trust, and prevent others from copying your brand.

What Can Be a Trademark?

A trademark is any sign that distinguishes your business from others in the marketplace. It can include:

• Business names

• Logos and graphic elements

• Product names

• Slogans or taglines

• Sounds, colors, and even shapes (in some cases)
  
  

To be protected, an ideal trademark must be distinctive — meaning it’s capable of identifying the source of your goods or services and not just describing them.

Registered vs. Unregistered Trademarks

You can build some limited rights in a name or logo through use alone (known as common law rights). However, these are limited, harder to enforce, and typically only apply to your local market.

By contrast, a registered trademark gives you:

• Exclusive rights across Canada

• Stronger enforcement options against copycats

• A public record of ownership

• Protection that can last indefinitely, as long as it’s renewed

Why Register a Trademark?

• Protect your brand from lookalike competitors

• Secure your name before investing in marketing or expansion

• Prevent legal disputes by clarifying ownership

• Increase brand value for licensing, partnerships, or sale

• Strengthen online rights, including domain and social media enforcement

When Should You Apply?

It’s best to apply before launching or as soon as you’ve decided on a brand name or logo. Early registration helps prevent costly disputes and ensures you're building equity in a name you actually own.

Even if you’ve already launched, it’s not too late — but the sooner, the better.

How Do You Start?

1. Search the trademark register to check availability
   
   

2. Choose the right goods/services for protection
   
   

3. File an application and monitor progress
   
   

4. Enforce your rights and renew

Working with a trademark lawyer can help provide strategic guidance that goes beyond the basics — helping you file with clarity, avoid common missteps, and align your brand protection with long-term goals. 

Thinking of registering a name or logo? Let's talk.

We're happy to help you take the next step with confidence.