The most widely read magazine for Canadian lawyers
Issue link: https://digital.canadianlawyermag.com/i/1384610
46 www.canadianlawyermag.com LEGAL REPORT INTELLECTUAL PROPERTY Amazon's automated, data-driven protec- tions that proactively remove suspected infringing or inaccurate content, as well as tools that enable brands to report any suspected infringement. Dean Palmer, the managing partner of Palmer IP, Canada, says tapping into the brand registry of Amazon can be an essen- tial tool in protecting trademarks, some- thing that has become crucial as the internet turns the entire world into a market for products. Palmer adds that those who are part of Amazon's brand registry can also benefit from Amazon's automated, data- driven protections that proactively remove suspected infringing or inaccurate content, as well as tools that enable brands to report any suspected infringement. Janice Bereskin at Bereskin & Parr says that "start-up businesses and entrepreneurs moth Amazon's IP Accelerator program. Available to any brand selling in Amazon's stores, IP Accelerator connects Canadian SMEs with a network of law firms across the country charging reduced, pre-negotiated rates on critical services. To date, the list of participating firms includes Bereskin & Parr LLP, Brouillette Legal Inc., Chari Prenol Slaney & Turco, Clancy PC, JZC Intellectual Property Law, Kestenberg Siegal Lipkus LLP, Palmer IP, and Ridout & Maybee LLP. Participating businesses can access Amazon's brand protection tools months before their trademark registration is issued, a process that can take well over two years in Canada. The accelerator program connects SMEs with lawyers to draft trademark appli- cations. Those who are part of Amazon's brand registry can also benefit from who have the same trademark in other parts of the world. "You need to prepare for future growth in other markets but understanding if your trademark here will work outside Canada," she says. "The last thing you want to do is make a name or branding change." She notes that with Canada's participation in the Madrid Protocol on trademark law, busi- nesses and innovators have the chance to obtain trademark protection in more than 100 countries with one application. Wood also notes that Canada is now part of the International Madrid Protocol on trade- mark law. "So again, you can obtain interna- tional trademark protection with one appli- cation," Wood says. It offers businesses and innovators the possibility of obtaining trade- mark protection in more than 100 countries. Another recently launched tool in Canada to help small businesses secure a trademark to protect their brands in online retail behe- WHY REGISTER A TRADEMARK Enforceability. A registered trademark can be enforced throughout Canada, and is easier to enforce than an unregistered trademark. Value. The value of a company is tied to customer goodwill in its branding. Notice and avoidance of conflicts. A registered trademark will appear in the Trademarks Register Protection. The Canadian Intellectual Property Office should refuse to register a similar application. Securing Internet Domain Names. A trademark registration can assist in acquiring or protecting a domain name. Foreign Rights. A Canadian trademark registration can be used to seek registration of the trademark in some foreign countries. Source: Oyen Wiggs Green & Mutala LLP