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Ontario|Intellectual PropertyTrademarks 304 Why register a Trademark?
- You are not required to register a trademark
You are not required to register a trademark with the Trademarks Office to have a legal right to use it. Many trademarks are established simply because they are used for a period of time. However, if there is a dispute about who owns the trademark, it may be more difficult to prove your ownership and protect your rights if your trademark is not registered.
- "First use" rule
In trademark law it is very important that you use the mark to establish your rights as the owner because the first one to use the mark is the lawful owner. You can use the mark even before your application for registration has been filed. Even if you have a registered trademark, you could be ordered to stop using it if someone else started using a similar or confusing mark before you started using your trademark.
- The benefits of registering a trademark
The main advantage of registering your trademark is that you will then have the exclusive right to use the trademark throughout Canada. In the absence of a registered trademark, your scope of protection is limited to the geographic region within which you have developed goodwill or reputation in connection with your trademark.
A registered trademark agent or lawyer can help you register your trademark.
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