Trademark Registration Lawyer

Trademark Infringement

Our intellectual property lawyer and trademark lawyer can assist you with enforcing your trademark rights if your trademark is infringed. Our trademark lawyer offers services across the Greater Toronto Area, including Mississauga, Oakville, Burlington, Milton, Brampton, Kitchener, Waterloo, Guelph, Hamilton, Vaughan, Newmarket, North York, Toronto and surrounding areas.

What is a Trademark?

A Trademark ("TM") can be defined as follows:

• An ordinary mark that is used by a person for the purpose of distinguishing or so as to distinguish goods or services manufactured, sold, leased, hired or performed by them from those manufactured, sold, leased, hired or performed by others.

A certification mark is used for the purpose of distinguishing or so as to distinguish goods or services that are of a defined standard with respect to:

• the character or quality of the goods or services,
• the working conditions under which the goods have been
• produced or the services performed,
• the class of persons by whom the goods have been produced or
• the services performed, or
• the area within which the goods have been produced or the services performed,

from goods or services that are not of that defined standard.

In short, a trademark is a mark that is used to distinguish your goods and/or services from those of others. As soon as you start using a trademark you may accrue trademark rights in Canada, however, those rights may be limited in scope, such as to a certain limited geographical location. An unregistered trademark is referred to as a common-law trademark. A common-law trademark affords less protection in Canada than a Registered Trademark.

For more information about trademarks and registered trademarks in Canada, see the following articles:

• What is a Trademark; and
• Need a Trademark.

Trademark Infringement

Generally, trademark infringement occurs when marks are confusingly similar to each other. In determining whether there is a likelihood of confusion, the test is as a matter of first impression, the casual consumer somewhat in a hurry who encounters an allegedly infringing mark, with no more than an imperfect recollection of an original mark, would be likely to think that the allegedly infringing mark was the same source of goods or services as the original mark. Circumstances that must be considered are as follows:

• The inherent distinctiveness of the trademark and the extent to which they have become known.
• The length of time the trademarks have been in use.
• The nature of the goods, services or business.
• The nature of the trade.
• The degree of resemblance between the trademarks in appearance or sounds or in the ideas suggested by them.
  Remedies

Trademark Infringement Remedies

Remedies for trademark infringement include the following:

• Accounting of Profits.
• Damages.
• Delivery and destruction of goods.
• Injunction.