A trademark is an indicator of source for particular goods and/or services. A trademark can be a word, design (logo), a combination of words and designs, or a sign that distinguishes your goods and/or services from those of others. You can have a trademark for one or a combination of words, designs, tastes, textures, moving images, mode of packaging, holograms, sounds, scents, three-dimensional shapes and/or colours.

You do not need to register your trademark, although we recommend registering your trademark which provides you with additional enforcement options and it is often less expensive to enforce. If you do not register your trademark, through use of the mark, you may have an common-law trademark. You can bring a lawsuit for the tort of passing-off if someone is using your unregistered trademark, which requires you to prove goodwill, misrepresentation and damages. If you have a registered trademark and someone is using your registered trademark, you can bring a lawsuit for trademark infringement, which has a lower burden of proof to be successful. Owners of registered trademarks can also apply for a Request for Assistance, requesting assistance from the Canada Border Services Agency to assist with preventing counterfeit goods from entering Canada.

Lomic Law can assist you with filing your trademark in other countries with our network of trusted agents. We work with trademark lawyers in the US, Australia, EU, UK, and other countries to assist with registering your trademark in the jurisdiction you wish to use your trademark in. You also have the option of filing an international Madrid application. A Madrid application is typically not cost effective unless you are filing four or more trademark applications internationally.

If someone is using your trademark or a similar trademark and is selling the same or similar goods and/or services as you are, we can assist you in sending a cease and desist letter to the infringing party, and if the infringing activity does not stop, you can bring a lawsuit for trademark infringement and/or passing off.

Once a lawsuit has been commenced against you, it is important to file a defence or take other defensive action prior to the deadline to avoid a judgment in your absence (default judgement). Lomic Law has successfully defended several clients that have been sued for trademark infringement and/or passing off with favourable outcomes to our clients. Please contact us for a complementary consultation to discuss the lawsuit you are involved in and how we can be of assistance.