Registered Trademark Agent — Montreal
Trademark Registration and Protection in Canada
Me François Crevier, lawyer and registered trademark agent, guides you from the initial clearance search through registration and enforcement of your rights before the Canadian Intellectual Property Office.
Why register your trademark?
Your trademark — whether it is a name, a logo, a slogan, or a combination of all three — identifies your products or services to your customers and sets you apart from competitors. Without registration, that commercial identity is only protected in the geographic area where you actually do business, and only if you can prove it.
Exclusive rights across Canada
Registration gives you the exclusive right to use your trademark throughout Canada, in the categories of goods and services covered by your application. Without registration, your protection is limited to the region where you operate — which quickly becomes insufficient when you want to grow or sell online.
Concrete legal recourse against imitators
A registered trademark lets you act quickly against anyone using a mark that is identical or likely to be confused with yours. Without registration, you must prove your rights through use — a longer, more expensive, and less certain process before the courts.
An asset that can be sold or licensed
A registered trademark can be sold, licensed to a franchisee, or used as collateral. It represents tangible value on your balance sheet and can be a determining factor when selling your business or raising capital.
The ® symbol and what it means
Only the owner of a registered trademark may legally use the ® symbol. It signals to your customers, partners, and competitors that you have taken steps to protect your commercial identity and that you are in a position to enforce it.
What can happen if you do not register your trademark
Many entrepreneurs use their trademark for years without registering it, convinced that their reputation is enough to protect them. Here are four situations that arise regularly:
A competitor registers your mark first
In Canada, the trademark system is largely based on the first-to-file principle. If a competitor files an application for a mark similar to yours before you do, they could obtain the exclusive right to use it — and force you to stop using yours, even if you have been using it longer.
You receive an unexpected cease-and-desist letter
A company with a registered trademark can send you a cease-and-desist letter if it believes your mark creates confusion with theirs. Without your own registration, your position is weakened and the cost of defending your rights — or rebranding your business — can be substantial.
You cannot expand beyond your region
Without federal registration, your trademark rights are limited to the geographic area where you actively use it. As soon as you try to expand to other provinces or sell online across Canada, you risk conflicts with other users of similar marks.
You are forced to rebrand
If you must abandon your mark following a dispute or an opposition, the rebranding costs are real: new name, new logo, new marketing materials, updating your online presence, loss of accumulated brand recognition. These costs almost always exceed those of a preventive registration.
The trademark registration process in Canada
Registering a trademark in Canada involves several steps. Here is how Me Crevier guides you through each one.
Clearance search
Before filing an application, it is essential to check that no identical or similar mark is already registered or pending for comparable goods or services. This search assesses the risks and avoids spending money on an application that is likely to be refused or opposed.
Distinctiveness assessment
To be registrable, a trademark must be distinctive — it must allow consumers to identify the source of the goods or services. Purely descriptive or generic terms generally cannot be registered. Me Crevier evaluates the strength of your mark and advises on any adjustments that may be needed.
Filing the application with CIPO
The application is filed with the Canadian Intellectual Property Office. It must precisely identify the mark, the goods and services covered, and the date of first use, if applicable. A well-prepared application reduces the risk of objections and avoids unnecessary back-and-forth with the examiner.
Examination by CIPO
CIPO examines the application to ensure it meets the requirements of the Trademarks Act. Objections may be raised — Me Crevier drafts the necessary responses to address them and keep the application alive.
Advertisement and opposition period
Once approved, the application is advertised in the Trademarks Journal. Third parties then have two months to oppose it. In the event of an opposition, Me Crevier represents you before the Trademarks Opposition Board.
Registration and maintenance
If no opposition is filed, or if it is dismissed, the trademark is registered for a period of ten years, renewable indefinitely. Me Crevier monitors renewal deadlines and advises you on watching your mark to detect any unauthorized use.
What Me Crevier handles for you
As a registered trademark agent, Me François Crevier is authorized to represent businesses and individuals before the Canadian Intellectual Property Office. He manages the entire registration process, from the initial search through to the issuance of the registration certificate.
Beyond registration, Me Crevier advises you on your trademark portfolio strategy, drafts licence agreements, monitors competing marks, and intervenes in cases of infringement or unauthorized use. He can also coordinate foreign registration proceedings in collaboration with local agents.
Whether you are launching your first trademark, looking to consolidate your market position, or facing an opposition or a cease-and-desist letter, Me Crevier assesses your situation, explains your options, and gives you a clear picture of what is realistically achievable.
Protect your trademark before a problem arises
A consultation with Me Crevier will allow you to assess your current trademark protection, identify concrete risks, and decide whether a registration application is warranted in your situation.
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