What You Need to Know About Trademarks

Your business name, logo, and tagline are more than just branding—they are valuable intellectual property. A trademark gives you the legal right to prevent others from using names, logos, or slogans that are confusingly similar to yours.

What Is a Trademark?

A trademark is a recognizable sign, design, or expression that identifies your products or services and distinguishes them from competitors. Trademarks can include business names, logos and design marks, taglines and slogans, product names, and even distinctive sounds or colors associated with your brand.

Why Trademarks Matter for Small Businesses

Without a trademark, anyone could use a similar name or logo for their own business. This can confuse your customers, dilute your brand, and damage your reputation. A registered trademark gives you the exclusive right to use that mark in your industry, the ability to take legal action against infringers, enhanced credibility with customers and partners, and increased business value.

How to Register a Trademark

The trademark registration process involves several steps:

1. Search for Existing Trademarks

Before you apply, you need to make sure no one else has already registered a similar mark. A thorough search covers federal and provincial databases, common law (unregistered) trademarks, and domain names and business registrations.

2. Prepare and File Your Application

Your application must describe the mark accurately, identify the goods or services it will be used with, and include the required fees.

3. Examination and Publication

The trademark office examines your application and, if approved, publishes it for opposition. If no one objects, your trademark is registered.

4. Maintain Your Trademark

Trademarks require periodic renewal. You must also actively use your mark in commerce and enforce it against infringers to maintain your rights.

Common Trademark Mistakes

Many small business owners make avoidable mistakes with trademarks. These include choosing a generic or descriptive name that is difficult to protect, not searching existing trademarks before investing in branding, failing to register the mark, and not monitoring for and enforcing against infringement.

How a Small Business Legal Service Plan Can Help

With a Small Business Legal Service Plan, you get consultations with a lawyer on trademark strategy, guidance on conducting trademark searches, help with the registration process, and support if you need to enforce your trademark or defend against an infringement claim.