Trademarks are an essential tool for protecting your brand and ensuring its longevity in the market. For example, when you create a logo for your business, you automatically gain what’s known as a common law trademark. This means you have the legal right to use and modify your logo without filing any paperwork. However, while this gives you some level of protection, it doesn’t offer the same security as an official trademark registration.
So, the question is: Do you really need to go through the process of registering your trademark to protect your brand? Let’s explore what it means to trademark and whether it’s worth the effort.
Okay, so trademarks aren't just legal tools—they’re your brand’s protection and identity. This blog will cover:
Why trademarks matter and who needs it?
What can you trademark?
Differences between unregistered and registered trademarks
The pros and cons of unregistered and registered trademarks
Why Trademarks Matter and Who Needs It?
Your brand is one of your most valuable assets. A trademark makes sure your unique name, logo, or other brand elements are protected.
Who Benefits:
Business Owners: Protects the brand's uniqueness, preventing competitors from using similar marks that could cause confusion.
Consumers: Allows consumers to easily recognize and trust the quality and origin of products or services.
Investors: Increases a company's value by safeguarding its intellectual property, making it more attractive to potential investors.
Entrepreneurs: For startups, securing a trademark early can prevent others from using a similar brand name, which could lead to legal disputes down the line.
Creative Professionals: Protects original works, ensuring that creators retain control over how their designs and brand identities are used.
Licensed Partners: Enables businesses to license their trademarks for revenue, while maintaining oversight on quality and usage standards.
Trademarks play a crucial role in securing brand identity and establishing long-term business value.
What can you trademark?
You can trademark a variety of elements that represent your brand. Here’s a list of what can be trademarked:
Words: Business names, product names, slogans, or taglines that distinguish your brand.
Logos and Symbols: Unique visual elements like logos, icons, or graphic designs that represent your brand.
Colours: Specific colour combinations associated with your brand (e.g., Tiffany Blue).
Sounds: Distinctive sounds or jingles associated with your brand, like the MGM lion's roar
Shapes: Unique product shapes or packaging designs that are recognizable and distinctive.
Motion: A specific motion or animation, such as in a commercial or brand logo animation.
Trade Dress: The overall look and feel of a product or its packaging, including colour, shape, and design elements.
Domain Names: A unique and distinguishable domain name can also be trademarked if it’s used to represent your business or brand.
Trademarks help protect the distinct features of your brand that consumers associate with your products or services.
Differences Between Unregistered and Registered Trademarks
Unregistered Trademark (™) | Registered Trademark (®) |
What is it? A trademark you use without registering it. The ™ symbol shows you claim it as yours. | What is it? A trademark you register with a national office, like the Canadian Intellectual Property Office (CIPO). EnforcementHarder to enforce legally and offers limited protection. |
Legal Protection Automatically, you gain basic rights as soon as you start using the mark. | Legal Protection Nationally, depending on where it’s registered. |
Enforcement Harder to enforce legally and offers limited protection. | Enforcement Confirms your ownership and makes it easier to prevent others from using similar marks in your industry. |
Geographical Reach Protection usually only covers the areas where you do business. | Geographical Reach Provides protection on a national or international level, depending on registration scope. |
The Pros and Cons of Unregistered and Registered Trademarks'
Unregistered Trademark (™) | Registered Trademark (®) |
PROS ✅ Quick and affordable ✅ Gives you immediate rights ✅ Works well for small, local businesses | PROS ✅ Strong legal protection nationwide or where registered ✅ Easier to stop others from copying your mark ✅ Increases your brand’s value and trustworthiness |
CONS ❌ Limited protection (only in areas you operate) ❌ Harder to enforce in disputes ❌ May not stop others from using a similar mark | CONS ❌ Costs time and money to register ❌ Approval can take up to 2 years ❌ Requires regular renewals and fees |
Protect Your Brand with Confidence
Your brand deserves to stand out—and stay safe. Registering a trademark gives you peace of mind and lets you grow your business without any worries.
Design Hour® is proudly registered trademarked. If you have any questions or are ready to begin the process we can help you answer any additional questions and help with getting your process started. Sometimes we do more than just brand design—this includes guiding you through the steps to protect your brand’s identity.
Fill out our contact form or schedule a call with us to learn how we can support you.