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What are the similarities in trademarks and registered trademarks?

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A non-registered trademark is called 'common law trademark' in Canada and is typically implemented in order to show the intent to trademark. Unfortunately, common law trademarks are difficult to defend legally as no registration has been conducted, though they can be very important in the process of appealing an application for a trademark. It is possible for one to appeal a trademark process by arguing that they have been utilizing the name for a longer period of time and be successful. It is, however, true that the only way to protect a mark is to register it as a trademark.


The ™ and ® marks have no legal significance or meaning in Canada. Thus there are no repercussions to using these marks. Surprisingly neither the ™ nor the ® mark appears in official Canadian Trademark Law.
Unofficial meaning of the ™ mark has come to mean unregistered trademarks or in-process trademarks while the ® has come to mean registered trademark.
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