Quick Reference

Trademark Laws

Trademark laws protect specific words, phrases, domain names, slogans, logos and other symbols used to distinguish between different brands on the market. A trademark allows consumers to identify a specific brand in the marketplace, because most consumers use trademarks to make purchasing decisions. Federal and Provincial trademark laws protect the duplication and misuse of a brand and its reputation.

Subdivisions to the trademark laws are labeled service, certification and collective marks. Service marks promote services and events, whereas trademark laws promote products. For example, when a business advertises its name and service or product in the yellow pages, it's considered a service mark. Certification marks, on the other hand, are used to support a particular product or service, such as a seal of approval.

Collective marks are symbols, labels, words or phrases used to mark goods, members, services or products. This is often used to show membership in a union, association or other organization. Four other considerations of collective marks are regional origins, manufacturing methods, product quality and service accuracy.

Before registering a trademark, a trademark search must be conducted. Conducting a trademark search is a critical first step in ensuring that your trademark name is unique.

Once you register a trademark, you must take steps to protect it. Trademark owners can file a lawsuit against violators to protect their service or product. Most trademark lawsuits are filed to either prevent a registered trademark from being misused (leading to consumer confusion), or to recover damages from those who misused a trademark.

Copyright, another form of protection, is a legal device an author has to control how his or her published work of art or literature is used. Trademark and copyright laws can be used in conjunction to protect a product or service. For example, the copyright laws protect the artistic characteristics of a business logo, and the trademark laws prevent other businesses from using the logo in the market.