Your Brand Matters. Protect Your Rights.

If you’re facing a dispute, onbrand::IP brings a strategic, results-driven approach to enforcing your intellectual property rights or defending against infringement claims. We have successfully represented clients across a wide range of industries in matters involving trademarks, patents, and copyrights, appearing both in the Federal Court and Federal Court of Appeal.

Not sure where to start? onbrand::IP offers a complimentary consultation to review your situation, provide initial recommendations, and outline your best legal options—so you can make informed decisions with confidence.

onbrand::IP understands that intellectual property matters can be time-sensitive. Whether you’re registering your trademark or other intellectual property or dealing with an urgent intellectual property infringement/rights legal issue, we prioritize quick and efficient communication to keep your case moving forward.

Once registered, a trademark is valid for 10 years from the registration date. It can be renewed indefinitely every 10 years as long as it remains in use and the renewal fees are paid.

1. Exclusive Rights Across Canada: A registered trademark gives the owner the exclusive right to use the trademark across Canada, regardless of where the business is located.
2. Legal Protection – Proof of Ownership: In a legal dispute, the registration certificate is evidence of ownership of the registered trademark. If your trademark is not registered, you will have to prove your rights to the exclusive use of the trademark, which can be onerous and expensive.
3. Faster Recourse: Infringers using a similar trademark are more likely to respond to a cease and desist letter if the trademark is registered. Cease and desist letters are often ignored if the trademark is not registered due to the burden of proving ownership rights in an unregistered trademark.
4. Preventing Infringement: Registration helps deter others from using your trademark or a confusingly similar mark, protecting your brand’s reputation and market position. The Trademarks Register is searchable. Entities that are seeking to register a new trademark often search the Trademarks Register to ensure their proposed mark is distinctive. If the proposed mark is too similar to your registered mark, that entity is likely to consider another nonconfusing mark.
5. Valuable Asset: A registered trademark is a valuable asset that can increase in value as your brand grows and gains recognition.
6. Licensing Opportunities: A registered trademark can be licensed to other businesses, providing additional revenue streams.

Most trademarks are word marks such as, MAYBELINE, and can include slogans such as, NATIONWIDE IS ON YOUR SIDE, or design marks (logos), such as .

Trademarks should be unique (distinctive) and memorable. Made-up or fanciful words, for example, ADIDAS, MICROSOFT or KODAK, are best. Consider also coined words or unique combinations of words or symbols.

Trademarks should not describe a product or service, or their ingredients, quality, purpose or geographic origin. For example, QUICKEATS for a fast food restaurant.

Avoid the following as they are generally not registerable:

• Trademarks which are confusing with already registered trademarks in the same industry;
• Names or surnames;
• Generic words (which commonly describe a product or service);
• Laudatory words such as BEST, SUPERIOR, EXCELLENT, QUALITY, ULTRA, SUPER, or PERFECT;
• Trademarks consisting of one or two letters or numbers as they are traditionally considered to be weak and to lack inherent distinctiveness;
• Trademarks that are primarily geographic locations (e.g., Toronto);
• The name of your product or service in another language;
• Combinations of the above elements.

onbrand::IP can guide you through the labyrinth of what and what is not registerable, and conduct preliminary availability searches as you consider your options.

To register a trademark in Canada, you must first conduct a trademark search to ensure availability. Then, you file an application with the Canadian Intellectual Property Office (CIPO), which undergoes an examination process. If there are no objections (by the trademarks examiner) or oppositions (by another trademark owner), your trademark will be approved and registered. The process typically takes 16-24 months.

If someone is infringing on your trademark, you have legal options to enforce your rights. You can start with a cease-and-desist letter, negotiate a resolution, or, if necessary, pursue trademark litigation in court. Our legal team can help you take the right steps to protect your brand.

• Trademarks protect brand names, logos, and slogans.
• Copyrights protect original creative works such as books, music, and artwork.

Patents protect inventions and new technological innovations.

Each type of intellectual property offers different legal protections, and onbrand::IP can help you determine the best way to safeguard your assets.