Trade-marks are commonly classified as intellectual property, but there is nothing intellectual about them at all. It may be thought of independently, or it may be someone else's idea. None of this matters. Nor do any rights to a mark flow from mere creation. Only use or its surrogates - public recognition or an intention to use - create rights, and then not in the creator but in the person behind the use, intent, or creation of public recognition.

A trade-mark is a way of distinguishing one trader's product or service from that of another trader. Canadian law is based on the premise that the function of a trade-mark is to indicate the source or origin of a trader's product or services. Primarily a trade-mark distinguishes the products or services of one trader of those of another and protects the goodwill and reputation associated with a products or services. Trade-mark law provides essentially no protection for the ideas or concepts underlying the technology, product or service associated with the trademark except that certain well-known shapes may be protected as distinguishing guises.

Careful attention should be paid to the selection and design of trademarks. Unlike a patent that has a twenty year enforcement period measured from the filing date of the patent, trademarks (for goods) and service marks (for services) may remain in force indefinitely. The value of the mark thus increases each year and if the business that owns the mark is ever sold, a significant proportion of the sales price can be attributed to the mark. In the area of Trademark Law the Firm provides a full range of domestic and international trademark services including: clearance searches and risk analysis, registration, enforcement and litigation, licensing.