Trademark Usage Guide
A registered trademark is a valuable business asset — but only if it is used correctly. Improper use can erode trademark rights, expose a registration to a non-use attack, and undermine the distinctiveness that makes a mark worth protecting in the first place. The following provides practical guidance on correct trademark use in Canadian commerce.
Use Your Mark as a Trademark, Not as a Generic Term
A trademark is an adjective — it identifies the source of goods or services, it is not the name of those goods or services. Always use your trademark as an adjective modifying a generic noun, not as a noun or verb standing alone. Correct: ACME brand widgets; the ACME software platform; ACME cleaning solution. Incorrect: Buy an Acme; Acme it; the latest Acme.
Trademarks that become generic — that the public comes to use as the common name for a category of goods — lose their distinctiveness and ultimately lose their legal protection. This has happened to marks that were once famous and vigorously protected. Consistent, correct use is the primary defence against genericide.
Use the Mark Consistently and in Its Registered Form
Use your trademark in the exact form in which it is registered — the same spelling, punctuation, capitalization, and design elements. Do not vary the form of the mark across different uses without considering whether additional trademark applications are warranted to cover the variant forms.
Minor but consistent variations between the registered form and the form actually used in commerce can create arguments that the registered mark is not being used — arguments that can support a non-use expungement proceeding against the registration.
Use the Appropriate Trademark Symbol
In Canada, the (R) symbol may only be used in connection with a mark that is currently registered at the Canadian Intellectual Property Office. Using (R) in connection with an unregistered mark is improper and can constitute a misrepresentation.
The (TM) symbol may be used in connection with any mark, whether registered or not, to signal a claim of trademark rights. It has no formal legal status in Canada but serves as useful notice to the public and to competitors, and costs nothing to use. Use the appropriate symbol consistently, particularly on the most prominent use of the mark on any given product, label, advertisement, or document.
Distinguish Your Mark Visually
Where possible, distinguish your trademark visually from the surrounding text — through capitalization, bold, italics, or a distinct typographic treatment. This reinforces the trademark function of the mark and signals to readers that the word or phrase is being used as a source identifier rather than a descriptive or generic term.
Police Your Mark
Trademark rights are maintained through use and through active enforcement against unauthorized use by third parties. A trademark owner who allows others to use the same or a confusingly similar mark without objection risks weakening or losing those rights over time.
Monitor the marketplace — including online retail platforms, social media, and domain name registrations — for unauthorized uses of your mark or confusingly similar marks. Monitor the CIPO Trademarks Journal for applications that conflict with your rights; the 2-month opposition window runs from the date of advertisement and cannot be extended. When conflicts arise, address them promptly.
License Your Mark Correctly
If others are authorized to use your trademark — distributors, franchisees, licensees — the license must be structured to preserve your trademark rights. Under Canadian trademark law, the licensor must maintain control over the character and quality of the goods and services offered under the mark.
Use by a licensee under a license that lacks genuine quality control provisions may not inure to the benefit of the registered owner — which can result in a finding that the mark has not been used, exposing the registration to expungement. Any trademark license should be in writing and should include meaningful quality control provisions that are actually exercised.
Keep Your Registration Current
Ensure that your trademark registration remains in good standing: renew on time, record any changes in ownership promptly, and confirm that the registration continues to accurately reflect the goods and services in connection with which the mark is being used. A lapsed registration provides no protection; an incorrectly recorded ownership provides uncertain protection. If your business has undergone a corporate restructuring, amalgamation, or change of name since the trademark was registered, a recordal of the change at CIPO is warranted.