Trademark Law is a subspecialty of Intellectual Property Law. A trademark is made up of the elements that identify a company and/or its products. Those include the company’s name, its logo, even the combination of fonts and colours can be part of a trademark.
A trademark is important to any business because it is what identifies the company and its products or services in the marketplace. Consumers make buying decisions every day based on trademarks.
For that reason, trademarks are valuable and need to be protected. The first step to protecting your trademark is registering it with the Canadian Intellectual Property Office. That is not a simple matter and requires the assistance of a Trademark Lawyer.
A company (you if it’s your company) then must be vigilant in protecting its trademark. This means aggressively responding to any situation you discover in which someone else is using a name or trademark elements that are so similar to yours that consumers may be confused as to whose product or service they are buying. If you don’t act quickly in such a situation, you may find that your inaction amounts to consent to that other person or company, in effect, stealing your trademark.
Few lawyers handle Trademark Law exclusively. All Intellectual Property Lawyers handle both Patent and Trademark matters. Some Business Lawyers are also qualified to handle Trademark registrations, but few would become involved in a trademark dispute. That is strictly within the competence of a Trademark or Intellectual Property Lawyer.
One thing many Intellectual Property Lawyers offer businesses is a scanning service so that you do not need to be constantly watching the horizon for potential infringements of your trademark.
If you cannot find a Trademark Lawyer in this section of the Directory that you think is a good fit, you should turn to the Intellectual Property section.