What you should know before trademarking your logo in Canada

What you should know before trademarking your logo in Canada

Most business owners immediately think of their logo when they hear the word “trademark”. But a logo is actually not your first trademark, nor is it your most important one. It also shouldn’t be the first trademark you register. Your name, whether your business name...

Canadian Trademarks are not valid in the United States

Canadian Trademarks are not valid in the United States

Canadian trademarks are not valid in the United States. It’s as simple as that. There’s no qualifications or exceptions to this rule. Canada and the United States have separate legal systems. If you want the exclusive right to use a name in both countries, you have to...

Trademark Trolls Must Beware!

Trademark Trolls Must Beware!

  ph: cottonbro studio Federal Court Expunges Trademark Registration in Canada on the Ground of Bad Faith   In May 2022, the Canadian Federal Court stopped serial filer, Wei Meng, in his tracks, when it ordered expungement of his Canadian trademark registration, which...

5 Tips for Naming your Startup Business  

Getting noticed in today’s market is hard! And, unfortunately, it’s even harder to be remembered. According to the marketing rule of 7, it takes an average of seven interactions with a brand name before a purchase will take place.  ph: stock image Having a great name...

How to protect your brand worldwide

How to protect your brand worldwide

Trademarks are territorial by nature. This means that protection is achieved and enforceable on a country-specific basis.For example, a Canadian trademark registration provides exclusivity in Canada, whereas a Jamaican trademark registration will do the same in...

2021 and how to build your business name!

2021 and how to build your business name!

Knowledge is power, especially when it comes to protecting your intellectual property. Knowledge of your rights coupled with the registrations to prove you own your intellectual creations transforms your business into an impenetrable fortress. Freely sharing knowledge...

Amazon Brand Registry: A Guide for Canadian Businesses

Amazon Brand Registry: A Guide for Canadian Businesses

You can now download our free guide to avoid rejection and maximize your brand's protection Amazon has recently surpassed Walmart as the largest US retailer, and e-commerce is predicted to account for 29% of retail sales by 2025. Stay-at-home orders across the globe...

Why You Must Stop Infringers

Why You Must Stop Infringers

In the fast-paced world of business and commerce, establishing a distinctive brand identity is essential for success. Securing a registered trademark grants your brand exclusive rights to its name and logo, providing a legal shield against potential threats....

Reasons Trademarks Applications are Rejected in Canada

Reasons Trademarks Applications are Rejected in Canada

A trademark registration is without question the most valuable tool you can have to protect your brand in Canada. Every brand owner selling in this country should have trademark registrations for their brand name and logo. Filing a Canadian trademark application is...

Can you Trademark a Name in Canada?

Can you Trademark a Name in Canada?

  Using a personal name as your main business brand can make sense when you literally are your business. Such is the case with many influencers, fashion and interior designers, and even professional services providers like lawyers and accountants. This naming...

Where to check business name availability in Canada

Where to check business name availability in Canada

We help a lot of marketers and business owners choose new names. Whether it’s a name for a new product, or a new offer or a whole new business, one of the most important steps in the naming process is ensuring the name is available for how you plan to use it. There...

How to Trademark for the Amazon Brand Registry in Canada

How to Trademark for the Amazon Brand Registry in Canada

Listing your brand on the Amazon Brand Registry will help to protect you from counterfeiters, copycats and cheap imitators selling on Amazon. But there’s a pre-requisite to getting on the Brand Registry in Canada. It’s a Canadian trademark registration, or at the very...

When is the Best Time to Trademark Your Company Name?

When is the Best Time to Trademark Your Company Name?

Most new entrepreneurs and business owners get this all wrong. We file a lot of first-time trademark applications, and for most of them, a corporation is listed as the owner. This means that incorporation is happening before trademarking, and that’s backwards....

Who should be the owner of a trademark?

Who should be the owner of a trademark?

  I recently read a story about Dallas Mavericks superstar Luka Doncic and his legal dispute with his mother about the ownership of his trademarks. Doncic had allowed his mother to register the trademark "Luka Doncic 7", which got in the way of his new trademark...

The Cost to Trademark a Name in Canada 

The Cost to Trademark a Name in Canada 

One of the most common questions we answer in a free consult is “what will it cost to trademark my name?”  This blog explains how those costs are calculated. So that you can determine how much it will cost you to trademark your name in Canada.    The total cost of...

How to trademark in Canada 

How to trademark in Canada 

Are you ready to trademark your business name and logo, but you aren’t quite sure how to get started?  As a Canadian business owner (or an aspiring business owner), you have options for trademarking. We’ve explained them below, so that you can choose which option best...

How you can speed up the trademark process

How you can speed up the trademark process

How do you feel about having to wait 3.5 to 4 years to be able to prove you own your business name?  We’re guessing you’re a little shocked and a lot disappointed. This is, unfortunately, how long it takes the typical Canadian small business owner to obtain a...

Protecting Your Canadian Brand Everywhere

Protecting Your Canadian Brand Everywhere

Is the Madrid System Right For You?  If you are looking to register your trademark in multiple countries, then the Madrid Protocol system may be ideal for you. Centrally administered by the World Intellectual Property Office (“WIPO”), the Madrid system enables...

Does your trademark tell your “place of origin”?

Does your trademark tell your “place of origin”?

For the first time in Canadian history, a court has clarified the meaning of the phrase “place of origin” as referenced in section 12(1)(b) of the Trademarks Act (the “Act”).   Under this section, a trademark that clearly describes (or deceptively...

Business Name Registrations vs Trademarks: Debate

Business Name Registrations vs Trademarks: Debate

Many small business owners make the mistake of believing they “own” their business name because they’ve registered it on a provincial business name registry.  Just this past week, we had another case where an individual was using our client’s trademark as his business...

What’s Your Name Worth? Make it worth a lot!

What’s Your Name Worth? Make it worth a lot!

Your name is one of the most valuable assets your business owns. Exactly how valuable depends on the name itself. Great names are worth a lot more than mediocre or bad ones.    Before I explain, I want to clarify what makes a name truly great. In very simple...

Beware of Acronym Trademarks 

Beware of Acronym Trademarks 

Trademarks in the form of acronyms i.e., consisting simply of letters of the alphabet are generally considered to possess a low level of inherent distinctiveness. As is firmly rooted in Canadian law, trademarks on the lower end of the distinctiveness spectrum are...

SUBWAY vs “BUDWAY”, a  Cannabis Parody Mark  

SUBWAY vs “BUDWAY”, a Cannabis Parody Mark  

Here we go, again.  The Canadian Federal Court has yet again sent a strong message to cannabis retailers who (foolishly) try to piggyback on the fame and reputation of established Canadian brands.  Over the years, we have seen a dramatic increase in the adoption...

How to Protect Your Brand on Social Media 

How to Protect Your Brand on Social Media 

Social media usage has increased dramatically amidst the Covid-19 pandemic. Businesses, from mom & pop stores to big-box retailers have increased social media usage as a means to connect with consumers and enhance sales.   Generally speaking, the advent...

How to Search a Trademark: Is your business name available?

How to Search a Trademark: Is your business name available?

One of the most valuable ideas you’ll ever have is the name for your business. It’s valuable because it’s what the public will associate with your business. They’ll use it every time they buy your products and services. At least, that’s the hope! A name’s ability to...

Generic Marks and Genericism

Generic Marks and Genericism

Distinctiveness is the heart of a valid trademark. At its core, a trademark must actually distinguish, or be adapted to distinguish the goods and services of one provider from those of others. It is for this reason that generic terms are not protectable as...

All’s NOT Well in Fun and Games

All’s NOT Well in Fun and Games

Section 22 of the Canadian Trademarks Act - Depreciation of Goodwill, is fast becoming a popular mechanism for established brand owners in Canada seeking to protect their trademarks from dilution. In cases where claims of trademark infringement and passing off would...

Extensions of Time in Canadian Trademark Applications

Extensions of Time in Canadian Trademark Applications

Extensions of time in Canadian trademark prosecution are exceptional. The seemingly limitless ability to secure extensions in trademark examination is simply a thing of the past. Foreign counsel and domestic applicants should plan to instruct their Canadian counsel...

One “McMortgage” Coming Up………Or Not!

One “McMortgage” Coming Up………Or Not!

The Canadian Trademarks Opposition Board (the “TMOB”) has officially declared that a claim of depreciation of goodwill, can serve as a valid ground of opposition in trademark opposition proceedings. On October 5, 2020, the TMOB released a ground-breaking decision in...

The first step to registering your trademark

The first step to registering your trademark

Where do you start with small business brand protection? The first step to protecting a brand online using a trademark is the pre-filing search.  This step is not mandatory, but could end up saving you a lot of time and money. It identifies any obstacles that are...

2 Ways to stop copycats from stealing your profits and affecting your bottom line, Part One

2 Ways to stop copycats from stealing your profits and affecting your bottom line, Part One

To remain competitive in times of crisis or uncertainty, it’s crucial for most businesses to cut unnecessary expenses in order to survive. One very satisfying way to cut costs without much effort is to stop copycats from stealing your profits.

When you read or hear about copycats, you might think of foreign businesses selling counterfeit products or non-existent services, a widespread practice that is very damaging to brands.
The most common type of copycat, however, is the one prowling in your backyard.

3 ways to prevent trademark infringement without breaking the bank

3 ways to prevent trademark infringement without breaking the bank

When you’re a small business owner, you don’t necessarily know what your rights and responsibilities are when it comes to protecting your business from trademark infringement. In this article, I’m going to take you through three ways to prevent trademark infringement by copycats of any size or industry.

How to preserve and protect your brand

How to preserve and protect your brand

Naming tips and DIY search strategies to make sure your brand is protected online We’re in the middle of an economic crisis and for most of us, it’s been a crazy couple of weeks (stating the obvious, I know!). But, what does this mean for your business? Is it a sink...

What Does Real Estate Have to do With Trademark Registration?

What Does Real Estate Have to do With Trademark Registration?

Plenty my friend, plenty. I’d go so far as to say it has everything to do with Markably - and its vision to protect online ideas as well as real world real estate! Heck, you built it. You should have a right to keep it safe. Today’s digital marketplace drives...

5 Reasons You Need to Trademark

5 Reasons You Need to Trademark

Are you operating your business without a trademark registration? My name is Cynthia Mason. I am a Canadian lawyer and trademark agent, and I specilize in helping businesss. protect their brands. One of the most tragic situations I see as a trademark lawyer happens...

How to protect your trademark online

How to protect your trademark online

My name is Cynthia, and I’m a Canadian lawyer and trademark agent with Mason Professional Corporation and Markably.ca. We’re in this time of physical and social distancing, and in response, a lot of businesses are moving their products and services online. And so I...

Consolidate Innovation

Consolidate Innovation

As the online world evolved, I realized what I called ‘housekeeping’ was a system. Systems are what make one half of the population glaze over. And the other half of the population the energy needed to put on that superhero cape and protect the brilliance of the...

“52 Pickup” Your Faith in Innovation

“52 Pickup” Your Faith in Innovation

    Who remembers the game 52 Pickup? Depending on the rules, it’s the game that became ‘Solitaire’ - one of the earliest ubiquitous pieces of gaming software that was built into our mainstream user systems. Random fact: Did you know that the first piece of...

Innovation needs an origin story, they said

Innovation needs an origin story, they said

Successful businesses don’t just pop out of the ether. Were that true, the world would be full of lazy (but rich!) entrepreneurs just sloth’ing around wallowing in their achievements, and there would be nothing left to invent or innovate! No, unfortunately (or...

How to Do Your Own Business Name Search

How to Do Your Own Business Name Search

You have an awesome business idea and a great name to match. It’s the perfect blend of creative and suggestive, and it speaks volumes to your target customers. Someday it will be a household name. You’re already envisioning it on your business cards, website and...

How 30 Free Minutes Can Change your Business

How 30 Free Minutes Can Change your Business

I offer a free 30-minute consultation to all new or potential clients. This is not a sales call where I tell you how great it is to work with me (it is), or how you’re risking your shirt if you don’t (you won’t). I offer this time to get you started on properly using...

Ontario Craft Brewers Conference 2017

Ontario Craft Brewers Conference 2017

I will be attending the Ontario Craft Brewers Conference in Toronto today, and I couldn’t be any more excited! The craft beer industry in Canada is exploding. There’s new brands appearing almost weekly, and consumers have a lot of choices. The crowded market and fact...