Registration of a trademark has many advantages. Here are some of the more important ones:

• It reserves the right of exclusive use across Canada. Thus, you can prevent someone from using your trademark even if they are across the country and you are not using your trademark there currently.
• Since the registry is a public record, it is assumed that everyone has knowledge of its contents. Thus, if someone adopts the same or a confusingly similar trademark, they are assumed to have done so with knowledge of your mark. They can then be stopped from using your mark and/or sued for infringement.
• Once you have registered your trademark, the Trademarks Office should refuse any other applications for registration of similar marks that might be confusing with yours. If the Office is in doubt, they are to send you notice of the pending application, so you can decide whether to oppose it.
• If your mark is registered under the Trade-marks Act, then you can use the Trade-marks Act action for infringement. This is a much quicker, broader and less expensive route than the common-law action for infringement.
• It is assumed that your trademark already has “goodwill”, so you do not have to prove it in court.
• It is much more difficult for anyone to challenge the validity of your trademark, particularly after five(5) years of being registered.
• It is easier to license someone else to use your trademark.
• A registered trademark can add considerably to the value of your business, especially if you are selling it or trying to get new investors. A registered trademark ‘solidifies’ the goodwill of the business into a far stronger asset that can be protected, expanded and even sold separately.

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