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Trademark Registration in Canada
Under the Trade-marks Act, protection to marks is given by Canadian trademark law. Trademark registration in Canada is done for securing the unique marks, certification marks, distinguishing guises, and proposed marks which are given by trademark law upon those who build confusion among different vendors’ goods & services or secure the goodwill of the mark. A mark can be protected either as a registered trade-mark under or can alternately be protected by a common-law action in passing off.
Trademarkcart is the leading best trademark services & the largest trademark website known worldwide. Every month we serve clients with providing over a thousand trademark applications throughout the world! Filing a trademark by the Trademarkcart network is smooth and hassle-free. You can complete your trademark registration application in 5 minutes just in few clicks.
Who May Apply?
The eligibility criteria for applying for a trademark in Canada is for the one who plans to use the mark in Canada by itself or by a licensee. One who has applied the mark in Canada. One whose country of origin is a country of the Paris Union or the WTO & who has registered the mark, or referred for registration, in or for that country, and has practiced the mark. One who has adopted the mark in a country of the Paris Union or the WTO and has made the mark recognized in Canada or the successor in authority of the previous. Registration is given to the 1st person to use the mark in Canada, or to make the mark recognized in Canada, or to have the most advanced filing (or International Convention priority) date. Even the person all over the world can apply for a trademark in Canada with us.
What Can Be Trademarked?
A name including personal or surname of the applicant or predecessor in business or the signature of the person e.g, the name Dhirubai Ambani can be trademarked.
A word which is not being directly descriptive of the character or quality of the goods / service. For example Google is a word which has been trademarked.
Alphanumeric or Letters or numerals or any combination thereof. For example 555 brand.
Image, symbol, monograms, 3-dimensional shapes, letters etc. For example the tick in Nike logo.
Sound marks in audio format. For ex the sound in the ad jingle
Trademark Law in Canada
Trademarks, currently introduced to as “marks”, will be pointed to as “signs”. Applicants will also be able to file applications for an extended list of non-traditional signs, such as shape, sound, smell, taste, texture, hologram, single color or color combinations without delineated outlines, three-dimensional and moving images. However, the Canadian Intellectual Property Office (CIPO) will consider these non-traditional signs for distinctiveness and will be ready to request proof of distinctiveness in Canada, thus making it more challenging to register many non-traditional signs, including ones now allowed without examination for distinctiveness, such as sound marks.
The registrations will still be directed to cancellation for non-use. While this clarifies the application process, it produces a greater risk of trolls and squatters and initiates the process of clearance searches more difficult and costly. Under this new trademark regime, being the first to file an application will be very important.
Declarations of use will no longer be needed after the CIF date: Allowed applications will proceed directly to registration after the CIF Date upon payment of the government fee, without the necessity to file the declaration of use for intended use applications. If owners of recognized applications wish to continue to registration prior to the CIF Date, applicants must still file a statement of use (for proposed use applications) and pay the registration fee. Applicants who based their applications on the intended use and have not used their trademarks in connection with all goods and services may be able to reach their deadlines until the CIF Date to avoid restricting coverage to only goods and services in use in Canada.
For all new trademark applications and any pending appeals that have not been approved by the CIF Date, goods and services will need to be grouped into the 45 International Classes, setting the system with most of the world.
The new Trademark law has eliminated the ability to file an application for a distinguishing guise. This type of intellectual property is often subsumed within the new meaning of a sign.
Canada will follow the Madrid Protocol, thus allowing Canadian applicants to register applications with the International Bureau of the World Intellectual Property Association (WIPO) and access 118 jurisdictions all over the world. Filing a WIPO application for an international registration offers a smooth process and cost savings for foreign filings for Canadian brand owners. Owners need to have a Canadian application or registration first.
Trademark class system in Canada
The Nice Classification is categorized under goods and services into 34 classes of goods and 11 classes of services. It is not meant to replace the Act and thus, trademark owners will still be expected to define the goods and services included by a mark in ordinary commercial terms. Until the amendments are executed, the categorization of goods and services based on the Nice Classification has no influence on government fees.
CIPO will not match the goods or services connected with a mark automatically and it is, therefore, the owner or its agent’s responsibility to do so, which is a practical approach acknowledging that the owner of a mark likely understands its business better than anyone else.
Trademark owners must think to renew their registrations early. Since, in addition to claiming compliance with the Nice Classification, CIPO will be taking a fee-class based system at the time of renewal once the new Act comes into force.
Moreover, Canada lies under the Madrid Protocol and, the Singapore Treaty. TrademarkCart defines the classes of Trademark under diverse goods and services.
Procedure For Trademark Registration
Step Registering Trademark in Canada
In Canada, a trade-mark filing of an application is made with the Trade-marks Office mutually with a non-refundable fee for each trade-mark. It is likely to file an application for registration of a trade-mark that is not yet in use around in Canada.
Within the following 4 months, the trademarks Office investigators carry out a search of trademark records for probably different marks. They select the kind of the good or services complies with the regulations in normal commercial terms. The examiners advise the applicant of adverse findings. Applicants may be required to submit revised applications.
Once you build the first determination of registrability and any changes to the application, the Trade-marks Office will submit it for Advertisement.
After then, the trademark information is printed in the Trade-marks Journal.
If no objection is made within 2 months of publication in the Trademarks Journal. The trademarks Office circulates notice of allowance of the application for registration.
Finally, move to the final step of registration, a fee for trade-mark must be paid by the applicant within 6 months of the date of the notice of allowance. Trade-marks office will assign a certificate of registration for every duly registered trademark.
What do Sign ™ and ® mean?
The ™ and ® marks have no legal importance in Canadian trademark legislation. There are no Canadian consequences to using these marks, but you need to be careful if you are doing any business outside Canada.
The ™ symbol simply indicates that the associated word, phrase or image is a trademark. In the United States, this symbol is used for unregistered trademarks, whether or not they are in the process of growing registered trademarks. In the United States, the ® is held for registered trade-marks. If you sell into the United States, usage of the registered trademark symbol, ®, without a US trademark registration may stop you from being able to file your mark there in the future. It is suggested that you not use the ® symbol until you have your mark registered in the United States.
When to Use ™ Symbol in Canada?
When to Use ™ Symbol in Canada?
Its understood meaning from US trademark law (™ = unregistered mark) means that it is almost safe. You can use it to know your trademark without having to worry regarding how it will be described in other jurisdictions. The Canadian Trade-marks Act does not control the use of this symbol.
Canada’s Trade-marks Act does not cover any marking requirements. Though, the following symbols are usually used by trade-mark owners to indicate registration:
- R (registered)
- TM (trade-mark)
- SM (service mark)
- MC (marque de commerce)
Why Register Your Trademark in Canada?
In Canada, trademark rights can be achieved for both registered and unregistered trademarks. While a trademark does not require to be registered for protection, registration of a trademark gives significant advantages for the trademark owner including:
- Nationwide protection over Canada for 15 years
- The right to full use of the trademark in Canada
- Confirmation of complete entitlement to the trademark in Canada
- Enhanced capacity to achieve trademark rights in Canada
- An enhanced capacity to license trademark rights to others in Canada.
All, trademark registrations profit trademark owners by improving the value of their brand and business. Further, it gives stronger rights for implementing their trademark, which completely facilitates their business to arise.
Copy of Applicant’s Id and address proof
Copy of the business/company certificate
Letter of power of attorney
Print and digital version of proposed trademark
Copy of the passport of applicant
What do we provide?
Trademark Comprehensive Search
A report prepared by our attorneys, expert in the trademark process, that will provide assistance in processing the application. The report consists: classifying the class of products/services given by you. Performing a trademark search from the US Trademark Seach database and will increase the possibility of getting the trademark registered with minimum chances of opposition.
Trademark Registration Request
After the compressive Trademark Search and Analysis report in which they check trademark availability US, the trademark application is processed with the trademark office. You will receive an email confirmation with regard to the filing of the application. We will also monitor the trademark status with the US Trademark Office.
Trademark Registration Certificate
Once the trademark application is accepted for registration, we will do the final formalities for obtaining the certificate and sending the registration certificate to you.
Validity of trademark registration in Canada
No power of attorney is needed in Canada. It is important to perform the trademark prosecution for foreign trademark applicants in Canada, by a registered Canadian trademark agent.
The time frame from filing to registration – assuming no important testing issues and no opposition – is 16 to 18 months.
From the registration date, Canadian trademark registration is valid for 15 years. The trademark may be renewed within 6 months after the date on which the Registrar circulates the late renewal notice, which is sent to the owner and his agent if any.
Trademark search in Canada
Before investing in a name, brand, logo, slogan, or symbol, it’s advised to carry a precise search to avoid possible trademark infringement. A comprehensive trademark search profits save costly disputes and the chance of losing your rights in the future.
Protect your registered marks by actively controlling trademark infringement. You can refuse applications that may infringe upon your marks. In-country like Canada trademark search is very necessary to avoid and offenses and cheating.
Our trademark experts will create search procedures and conduct a well-defined search on similar or possible trademarks. We prepare a complete report together with our professional opinions on the availability of registrability. The report will be sent to you electronically.
Search your trademark in 3 simple steps
Complete our trademark form.
We will generate your Trademark application
Final Wrap-Up of your Trademark Order.
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