As the holiday season approaches, many Bow Valley businesses are preparing to launch festive products, pop-up markets, and promotional campaigns. It’s an exciting time - but also an important one to ensure your brand is protected.
To better understand how local business owners can safeguard their creativity, Canmore-based lawyer Austin Ward sat down with Megan Hudson, a Trademark Agent with Field Law.
Megan, when should a business start thinking about brand protection?
Businesses should start thinking about brand protection right from the start. A brand is one of the most valuable assets a company can have, so as soon as you choose a business name, product name, or logo, it’s crucial to consider protecting it. Taking steps to secure your brand is especially important before launching holiday promotions, selling online, or entering new markets. If someone else is using a similar name or has it registered as a trademark, you could face legal trouble - or worse, be forced to rebrand just as your business gains momentum.
What’s the biggest misconception small business owners have about trademarks?
Many people believe that trademark protection is only relevant for large companies. In fact, trademarks apply to businesses of all sizes, and almost every small business already uses some form of branding. Any business wanting to safeguard its identity and stand out in a competitive marketplace should consider trademark protection, as a registered trademark grants exclusive rights across Canada and helps prevent others from profiting off your brand and reputation.
What’s the risk of not registering your brand?
Without a registered trademark, it becomes much more difficult to prevent others from using your name - even if you’ve been using it longer. Trademark registration gives you legal leverage, much like a deed to a house. In a tourism-heavy area like the Bow Valley, where seasonal pop-ups, online shops, and word-of-mouth travel fast, brand confusion is a genuine risk. Many of our local brands are also gaining provincial and national reach, so starting the trademark process early will help position your brand for long-term success.
Let's say I'm selling my product now, during the busiest season, and someone copies my product or logo during the holidays. What can I do?
Legal remedies such as trademark infringement or passing off may be available, depending on the situation. However, prevention is always the best approach. Seeking advice before launching your campaign can help avoid scrambling to fix issues after they arise. If problems do occur, Field Law has a skilled intellectual property team ready to help.
