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Intellectual Property · Canada and cross-border

A brand going to market in Canada and the United States

Both countries award the right to whoever files first. Using a name for years is not the same as owning it.

The situation

A company is weeks from launch and the name is already on packaging, a domain and a storefront. Nobody has searched whether it is available as a registered mark in either country, or decided which classes matter.

Intellectual Property

What the work involves

  1. Search the name in the relevant registers and advise on the risk of proceeding as planned.
  2. Set the registration strategy: which marks, which classes, which countries, in what order.
  3. Coordinate with the registered trademark agent who files, and review what goes in.
  4. Put the ownership in the company's name and record it, so a later financing does not find it sitting with a founder.

This describes the shape of a matter of this kind, not an individual client file. It is not legal advice, no outcome is implied, and how any particular matter runs depends on its own facts.

Other work

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