Advantages of registering a trademark

Question

Illustrate some of the advantages of registering a trademark?

Answer 1

Some of the advantages of registering a trademark are:

• Creates the presumption that the trademark is valid and distinctive and indeed owned by the owner.

• Secures an exclusive right to its use throughout Canada (versus the area where the owner does business and has established a reputation).

• Provides the right to register the trademark in other countries.

• Provides protection against other types of infringement besides passing off:

a. Knock-offs (exact imitations);

b. Marks that will be confusing to consumers because of their similarity to the trademark;

c. Trademark depreciation, where someone uses the mark of another to depreciate that trademark’s goodwill; and

d. Imports by a distributor who is not an authorized distributor.