Trademark Registration in Canada
The plethora of resources available to any investor makes it easy to start a business in
Canada, which has the tenth-largest economy in the world. As the government provides
numerous incentives for business owners to operate in Canada and as a result, many investors
go here to start businesses. You may want to consider establishing a business in Canada, for
which you would need to register a trademark, as it is a well-known nation that is a member
of the G7 and ranks highly in the global index measuring how easy it is to do business
there.
Therefore, you must register your trademark for your firm if you too want to start a
business in Canada and safeguard the value of your brand while enhancing customer confidence
and reputation. The greatest option for protecting your company's reputation is to register
your trademark in Canada, which is also known as your brand name, logo, or design. In
Canada, trademark registration is also referred to as design, logo, and brand name
registration.
What is Trademark Registration in Canada?
In Canada, trademark registration is the process of securing legal protection for a
trademark, which is a sign, symbol, design, or logo used to set one company's products or
services apart from another. Strong marks that represent the brand, such as company names,
logos, slogans, and brand names, must be included in the trademark application. The strength
of the mark is measured by its distinctiveness, and the stronger the mark, the simpler it
will be to enforce its exclusive use. Therefore, everyone who wants to launch a business in
Canada must register their trademarks and designs there.
Under Canadian trademark legislation, anyone intending to register a trademark in Canada is
required to have a Canadian address. Alternatively, you can contact us, the best Canadian
trademark agent, who will help you complete the procedure quickly, easily, and affordably.
Eligibility Requirements for Canadian trademark
Registration
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The trademark must be unique and cannot be confusingly similar to any other
trademarks already in use.
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It should be suggested to be utilized in connection with particular products or
services.
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Under Canadian law, the trademark cannot be scandalous, indecent, or otherwise
illegal.
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To utilize a trademark for a logo, design, etc., the applicant must be the owner of
the trademark.
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Industrial designs cannot be protected legally in Canada without being registered,
unlike copyright and trademarks.
Documents Required for Canadian Trademark Registration
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A trademark drawing for design registration in Canada.
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There is extra documentation needed for the Certification Mark.
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To register a logo in Canada, a trademark registration application must be submitted
to the Canadian Intellectual Property Office (CIPO).
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Must cooperate with a Canadian trademark agent or have a Canadian address.
Procedure for Trademark Registration in Canada
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Choosing a unique trademark:
The first step in registering a trademark in Canada is to select a powerful mark that
best symbolizes your company's name, logo, tagline, color scheme, or design. The
strength of a mark is assessed by its ability to enforce exclusive usage.
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Performing trademark search:
For design registration in Canada, the next step is to conduct a trademark search on
the Canadian Intellectual Property Office (CIPO) website to make sure the trademark
is not currently being used by another party.
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Filling of application:
The following step is to submit an application for trademark registration to the
Canadian Intellectual Property Office together with the necessary paperwork & a
non-refundable fee for each trademark.
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Reviewing of application:
After submitting a trademark registration application, the CIPO will review it to
ensure that it satisfies the registration requirements before approving it and
issuing a trademark registration certificate.
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Releases a certificate:
The trademark will be registered and a certificate of registration will be issued if
the trademark registration application is granted.
Benefits of Trademark Registration in Canada
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The exclusive use of a trademark in Canada in connection with the products and
services covered by the registration is made possible by the registration of a
trademark there, which also confers priority rights over applications filed
elsewhere.
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A registered trademark owner in Canada is entitled to use their brand exclusively and
is also able to pursue their trademark rights in that country. Therefore you must
have design registration in Canada for your business.
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Enforcing trademark rights might be less expensive when they are registered as
opposed to unregistered trademarks. It also adds substantial value to your company.
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A trademark or logo registration in Canada entitles the owner to register a.ca domain
name in the same name.
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Both a trademark assignment and a security agreement may be recorded in a registered
trademark.
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If you had design registration in Canada for your business, it would give you
protection from third parties utilizing the mark and ultimately increase investor
confidence in your company.
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Trademark registration in Canada is good for 10 years and is subject to renewal every
10 years.
How Long does a Canadian Trademark Registration Last?
Since trademark registration in Canada is valid for 10 years from the date of registration
and may be renewed within six months of its expiration, the trademark registration may be
renewed every 10 years after the first 10-year period.
Trademark registration in Canada is valid for 15 years and may be renewed every 15 years for
an additional 15 years by paying a renewal fee, according to trademark registration law. To
guarantee that the trademark is still valid and enforceable, it is crucial to maintain track
of the renewal date. You can contact our legal advisor for any assistance that will enable
you to renew your trademark in Canada on time.
What is the Cost of Trademark Registration in Canada?
Several factors, including the type of application, the number of classes of goods or
services, whether you use a trademark agent, and the type of trademark you want to
file—which can be a word, phrase, symbol, design, combination, or both—can affect how much
it costs to file a trademark registration application in Canada. The government fee for
trademark or design registration in Canada is therefore $330 CAD for the first class of
goods or services, which includes the first class of products or services that the trademark
covers. Additional fees may be charged for additional classes or services.
Check trademark registration in more countries
FAQs on Trademark Registration
The benefits of trademark registration in Canada include the exclusive right to
use the mark throughout the country, priority rights in other countries,
improved enforcement capabilities, and protection from unauthorized use that
increases investor trust.
It is advised to conduct a thorough trademark search to confirm that the mark is
eligible for use and registration and that no similar marks have previously been
registered that might be used as grounds for rejection or application.
To ensure that all necessary documents are filed correctly and increase the
likelihood of successful registration, it is necessary to hire a trademark
agent. Additionally, in order to work in Canada, one must have a Canadian
address in order to obtain trademark registration there.