What to do next
Search before you commit to the name
Check the trademarks register, corporate registries, domains and common-law use. Adopting a name that conflicts with an existing mark risks an opposition or infringement claim after you have built brand equity in it.
File for the right goods and services
Protection is limited to the classes and descriptions you file for. Too narrow leaves gaps; too broad invites opposition and objections. Get the specification drafted properly.
Expect examination and possible opposition
Examiners raise objections on distinctiveness and confusion, and third parties can oppose after advertisement. Registration commonly takes a considerable time — plan the brand launch accordingly.
Use it and police it
Rights can be lost through non-use or through failing to act against infringers. Keep dated evidence of use, and address infringement promptly.
Frequently asked questions
Doesn't registering my business name protect it?
No. A business name or corporate registration confers no trademark rights. They are different systems, and this is the most common and costly misunderstanding.
Do I need to register at all?
Unregistered marks get limited common-law protection where you have used them, but enforcement is harder and geographically limited. Registration gives national exclusive rights.
Can I register a descriptive name?
Clearly descriptive marks are generally refused unless distinctiveness has been acquired through use. Distinctive names are cheaper to protect and easier to enforce.
What about other countries?
Trademarks are territorial. Filing in Canada does not protect you elsewhere, though international filing routes exist. Consider your actual markets.
This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.