5 Common Trademark Mistakes You Should Avoid in Canada

In my practice, I have come across business people who did not see the importance in hiring a professional trademark agent to properly handle their intellectual property protections.

Registering a trademark in Canada is a valuable step toward protecting your brand, but even small mistakes in the process or management of your trademark can undermine its legal strength and enforceability. Understanding the most common trademark mistakes can help you avoid costly disputes and strengthen your brand’s protection under Canadian law. Here are five common trademark mistakes to avoid:

1. Failing to Conduct a Proper Trademark Search

Before applying for a trademark, it’s essential to conduct a comprehensive search through the Canadian Trademarks Database to identify any existing marks that could conflict with yours. A failure to search properly can result in:

• A rejected application due to similarity with an existing mark.

• Legal disputes with existing trademark holders.

• Costly rebranding efforts if your mark is later challenged.

Tip: A professional trademark search can uncover not only identical marks but also phonetically similar or confusingly similar trademarks that could create conflicts.

2. Choosing a Non-Distinctive Trademark

Distinctiveness is a key requirement for trademark registration in Canada. Common mistakes include:

• Using descriptive terms (e.g., “Fresh Bakery”) that simply describe the goods or services.

• Attempting to trademark generic or widely used terms (e.g., “Coffee” for a coffee shop).

• Selecting a geographic location or personal name without added distinctive elements.

Tip: A strong trademark is unique and suggests a connection to your brand without directly describing the product or service.

3. Failing to Monitor and Enforce Your Trademark Rights

Registering a trademark is only the first step — you must actively protect it from misuse. Common enforcement mistakes include:

• Ignoring similar trademarks filed by competitors.

• Failing to act against counterfeit goods or unauthorized use.

• Allowing variations of your mark to be used without challenge, which can weaken your trademark’s distinctiveness.

Tip: Set up a trademark watch service to monitor potential infringements and act promptly if you detect unauthorized use.

4. Improper Trademark Use

Even after registration, inconsistent or improper use of your trademark can weaken its protection. Mistakes include:

• Changing the design or wording of your mark without updating the registration.

• Using the trademark in a way that causes it to become generic (e.g., using “Kleenex” as a synonym for tissues).

• Allowing third parties to use your trademark without clear licensing agreements.

Tip: Use the trademark exactly as registered and establish clear guidelines for its use by partners and licensees.

5. Neglecting to Renew the Trademark

Trademarks in Canada are valid for 10 years but must be renewed to remain in force. Failing to renew your trademark can result in:

• Loss of legal protection.

• Difficulty re-establishing rights if another party claims the mark.

• Increased risk of brand confusion and damage to reputation.

Tip: Keep track of renewal deadlines and update your registration to reflect any changes in business activities or branding.

Conclusion

Avoiding these common trademark mistakes can help you protect your brand more effectively and prevent legal complications. A well-researched, properly registered, and actively managed trademark strengthens your brand’s identity and market position under Canadian law. Consulting with a trademark lawyer can help you navigate the complexities of trademark registration and enforcement, ensuring your brand remains secure.