By Sepal Bonni and Cameron A. Axford

This article is part of an ongoing series on intellectual property for charities and not-for-profits (NFPs). In the previous article in the series, we discussed the basic foundations of intellectual property law. In this article, we briefly explain the importance of trademarks for charities and NFPs.

In this regard, , a strong brand and corresponding protection of trademarks are an essential component of managing key organisational assets. Branding establishes a distinct identity that differentiates an organization in the minds of the public. Success depends upon the consistent and accurate communication of the organization’s message and the projection of an image that conveys competence, integrity, and value. Members of the public are more likely to support brands with which they are familiar and which they associate with quality and reliability. A brand is expressed and protected primarily through an organization’s trademarks, which serve as the legal instruments that secure and safeguard the brand’s identity.

More specifically, a trademark is primarily a word, phrase, symbol, design, or combination of these elements that identifies and distinguishes the goods or services of one organization or individual from those of others. It serves as a source identifier, allowing the public to know where a product or service comes from and to associate it with a particular level of quality or reputation. Over time, use of the trademark can stand not only for the goods or services a person or company provides, but also the reputation of the producer. This reputation is what businesses will often try to communicate to attract customers.

While trademarks are often associated with commercial enterprises, they are equally vital for charities and NFPs. For these organizations, a trademark does more than identify programs and services. It acts as a signal to the public, helping them assess the quality of services offered, the caliber of programs delivered, and the credibility of the information provided.

Beyond signalling reputation and credibility, maintaining a distinct trademark helps charities and NFPs protect their identity from confusion with similarly named entities. A clear and recognizable mark strengthens their brand, supports donor and volunteer confidence, and ensures their mission and message remain consistent and trusted.

In Canada, trademarks may be either registered or unregistered, and both can provide legal protection. An unregistered trademark, sometimes called a common law mark, arises automatically when an organization uses a trademark to distinguish its goods or services. These rights exist only where the mark has built up goodwill and public recognition through use. Protection is therefore regional rather than nationwide and must be proven in court if another party adopts a similar mark. To succeed in a passing-off claim, the organization must establish reputation in the mark, public confusion, and actual or potential damage. Because of this burden, enforcing unregistered rights can be much more difficult and costly. For charities and NFPs, which rely heavily on credibility and public trust, this limited protection can leave their name and reputation exposed to confusion with similar organizations.

A registered trademark, on the other hand, provides exclusive nationwide ownership of the mark in connection with the goods and services listed in the registration, regardless of where the trademark is actually used. Registration under the Trademarks Act lasts for ten years from the date of registration and can be renewed indefinitely upon payment of the renewal fee. Once registered, the mark is entered into the public trademark register, which not only deters others from adopting confusingly similar marks but also prevents new applicants from registering confusingly similar marks, as examiners will cite the earlier application or registration during examination. A registered mark must be properly used in Canada, i.e., appearing on goods, packaging, or in advertising for services, to maintain its protection. Marks that are confusingly similar to other marks on the register, non-distinctive, descriptive, misleading, or that contain prohibited terms may not qualify for registration.

For charities and NFPs, registration provides certainty, simplifies enforcement, and reinforces their brand identity nationwide. It ensures that their name, logo, or slogan remains uniquely tied to their mission, helping preserve public confidence and donor goodwill while reducing the risk of confusion or misuse by others.

Before seeking registration, charities and NFPs should conduct a trademark search to ensure that their proposed name or logo is not already in use or registered by another party. This can help avoid conflicts and costly rebranding later. Once registered, organizations should consistently use their mark as filed, monitor for unauthorized use, and renew their registration every ten years to maintain continuous protection and preserve the goodwill associated with their brand.

In our next article in this series, “Difference Between a Corporate Name, Business Name, and Trademark,” we will explain how these terms differ under Canadian law and why understanding those distinctions is crucial when selecting and protecting an organization’s name and brand.

​Read the October 2025 Charity & NFP Law Update