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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?
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 Canda
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?
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.
Documents required for Trademark Registration in Canada
Copy of Applicant’s Id and address proof
Copy of the business/company certificate
Letter of power of attorney
Print and digital version of the proposed trademark
Copy of the passport of the applicant
What do we provide?
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 you trademark in 3 simple steps
Frequently Asked Questions
• Business Name
• Website Name – domain name
• Name of your product or service
• Company Slogan
1) Do a trademark search before creating a trademark.
2) Apply for trademark application from
3) Submit the documents required & submit the fees along with the application.
4) Wait for the approval
5) when the approved trademark is published in the journal ( Just for people to oppose if required)
6) Certification letter will be provide