Any business owner should understand how the trademark system
works. In Canada, the Trademarks Act applies to a
trademark/brand name and is of fundamental importance. Obtaining a
trademark registration facilitates the protection of the mark.
The Trademarks Act provides for a public registry
system which is national in scope, showing proscribed information
for each registered trademark. The Act facilitates the
protection of trademarks by granting exclusive national rights to
owners and providing for public notice of the rights.
The power of attraction of trademarks is recognized as among the
most valuable of business assets. However, whatever their
commercial evolution, the legal purpose of trademarks continues to
be their use to distinguish the goods or services that the mark is
used in association with by the trademark owner from the goods and
services of others. A trademark is a guarantee of origin or source
and inferentially, an assurance to the consumer that the
