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Protecting your trade-mark after registration 

                            

            

1. Don't Change Or Alter Your Trade-mark

    Do not change your trade-mark without consulting your legal representative or agent. Changing the mark by adding, deleting or hyphenating words or   

    altering a logo can result in a decision that a registered mark has been abandoned.

 

2. Maintain Up-To-Date Official Records

    Maintain up-to-date records at the Canadian Intellectual Property (C.I.P.O.) Office. If your address changes, advise your representative to ensure  

    that you receive pertinent official notices from the C.I.P.O. or the Courts.

 

3. Record All Changes Of Ownership

    If your company is involved in a merger, acquisition or other situation that affects the ownership of a registered trade-mark, this change should be

     promptly recorded. Failure to do so can result in the loss of rights if the C.I.P.O. or the Courts must decide issues based on documents prepared after

     the receipt of official notices.

 

4. Police The Market

    If a similar mark is being used by a competitor, advise your legal representative or agent immediately to protect your rights. Failure to do so can be    

     considered an admission that others may use your trade-mark and may severely diminish the scope of protection to be afforded to your trade-mark.

 

5. Use Your Trade-mark

    If you fail to use your trade-mark in association with all of the wares and/or services in association with which it is registered, others can argue that

    the trade-mark has been abandoned and can move to cancel your registration or delete wares or services from the wares or services in association

    with which the work is registered.

 

6. Maintain Sufficient Business Records

    It may be necessary to provide copies of invoices, correspondence, merger and related documents for filing in the C.I.P.O or in Court. Maintain a

    separate and updated file for each of your trade-marks that contains information relating to the use, registration, ownership and advertising of each

    that mark.

 

7. Renew Your Trade-mark

    A Canadian trade-mark registration must be renewed every 15 years. In most instances, your legal representative, agent, or the C.I.P.O will remind

    you of the need to renew. Ensure that they receive a timely response. Failure to renew will cause your registration to lapse and may limit your trade-

    mark to territorial rather than country-wide protection.

 

8. License And Franchise Properly

    If a licensing or franchising situation occurs after registration, advise your legal representative or agent immediately. In order to protect your rights,

    agreements may need to be prepared and advice concerning proper marking of your product or service, your advertising, and other items may need to

    be discussed.

Any changes which affect your trade-mark or the business that occur after registration should be discussed with the proper representative.

                                  

                             

                                                                 

 

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