A trademark is a mark, symbol or sign that is used to identify the source of goods or services and to distinguish those goods or services from those of another. Trademarks are typically brand names, designs, or slogans. Registration of a trademark under the Trade-marks Act gives the owner the exclusive right to use the mark throughout Canada in association with the goods and services claimed in the application. Once registered, the trademark can be enforced against infringers. An infringer is anyone who uses a confusing trademark to sell, distribute or advertise similar goods or services.
Deeth Williams Wall LLP has expertise in providing advice on clearing, protecting, enforcing, and exploiting trademarks. Our lawyers are involved in every stage of the registration process, including searching for similar trademarks, preparing and filing Canadian trademark applications, assisting in the preparation and filing of foreign applications, and prosecuting applications to registration. We protect our client’s trademarks through opposition of confusing trademark applications, enforcement of trademarks rights and defence against allegations of trademark infringement through litigation, arbitration or mediation. We also advise on the licensing, sale and acquisition of trademarks.
Deeth Williams Wall LLP represents a broad range of clients, including manufacturers, retailers, distributors, franchisers and trade associations, in the protection and exploitation of trademarks. DWW also provides a full-range of legal services to enforce trademarks rights against infringing use.
Trademark services provided by Deeth Williams Wall LLP include:
- Consultation on Canadian and international strategies for obtaining, protecting, enforcing and exploiting trademarks;
- Searching for existing trademarks and trade names;
- Preparation and filing of Canadian trademark applications and renewals and assisting in the preparation and filing of foreign trademark applications and renewals;
- Prosecution of trademark applications to registration;
- Opposition of trademark applications;
- Litigation to enforce trademark rights and defend against alleged infringement; and
- Advice on the licensing, sale and acquisition of trademarks.