Requirements for filing a Trademark application in Canada

Concept of Trademark in Canada

Under the Trade-marks Act, protection to marks is provided by Canadian trademark law. Trademark registration in Canada is done for protecting distinctive marks, certification marks, distinguishing guises, and proposed marks which are provided by trademark law against those who create confusion between different vendors’ goods & services or secure the goodwill of the mark. A mark can be protected either as a registered trade-mark under the Actor can alternately be protected by a common law action in passing off.

 

Trademark registration canada

 

Process of Trademark Registration Canada

  • Application

In Canada, a trade-mark filing of an application is done with the Trade-marks Office together with a non-refundable fee for each trade-mark. It is possible to file an application for registration of a trade-mark that is not yet in use somewhere in Canada.

  • Initial Examination

Within the following four months, the trade-marks Office examiners carry out a search of trademark records for potentially conflicting marks. They decide the category of the wares 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.

  • Approval

Once you complete the initial determination of registrability and any revisions to the application, the Trade-marks Office will submit it for Advertisement.

  • Advertisement

After then, the trademark information is published in the Trade-marks Journal. Any interested party may then make representations to the Trade-marks Office, such as filing an opposition against the registration of the trade-mark owing to alleged confusion with an existing mark.

If the opposition proceedings are successful, bring the application process to an end or otherwise delay the registration process for 18 months or more.

  • Allowance

If no objection is received within approximately 2 months of publication in the Trade-marks Journal, the trade-marks Office issues a notice of allowance of the application for registration.

  • Registration

Finally, proceed 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 issue a certificate of registration for every duly registered trade-mark upon receipt of the registration fees.

Power of Attorney and Validity of trademark registration in Canada

  • No power of attorney is required in Canada.
  • It is necessary to perform the trademark prosecution for foreign trademark applicants in Canada, through a registered Canadian trademark agent.
  • The time frame from filing to registration – assuming no significant examination issues and no opposition – is 16 to 18 months.
  • From the registration date, A Canadian trademark registration is valid for 15 years. The trademark may be renewed within six months after the date on which the Registrar issues the late renewal notice, which is sent to the owner and his agent if any.

Nice Classification

Canada uses a nice classification system. Classification of trademark registration Canada can be done in 45 classes under which classes 1-34 are for goods and the remaining 35-45 classes are for services. Also, Canada lies under the Madrid Protocol and, the Singapore Treaty. TrademarkCart describes the classes of Trademark under different goods and services.

Trademark application in Canada

Trademark application in Canada

Trademark application in Canada

Trademark application in Canada

Benefits of Registering Your Trademark in Canada

In Canada, trademark rights can be attained for both registered and unregistered trademarks. While a trademark does not need to be registered for protection, registration of a trademark provides significant benefits for the trademark owner including:

  1. Nationwide protection across Canada for 15 years
  2. The right to absolute use of the trademark in Canada
  3. Verification of entire entitlement to the trademark in Canada
  4. Enhanced ability to implement trademark rights in Canada
  5. An increased ability to license trademark rights to others in Canada.

Altogether, trademark registrations benefit trademark owners by enhancing the value of their brand and business. Moreover, it provides stronger rights for enforcing their trademark, which fully enables their business to grow.

How to Protect Trademark Registration in Canada?

Unregistered trademarks are protected by common law. They can be enforced in the Canadian courts and may also be used as a base to oppose applications for registration or expunge registrations. Furthermore, TrademarkCart can provide you with an easy way to protect your trademarks at an inexpensive cost.

Ways to Protect Your Idea From Theft

  • Avoid revealing too much
  • Use non-disclosure agreements.
  • Apply for a provisional patent.
  • Trademark your name.
  • Research the recipients.
  • Follow your instincts.

Importance of trademark

Here are a few points which describe the importance of trademark,

  • First and foremost, registration is necessary to prevent most likely a competitor from registering the same name and restricting you from using it. The business costs of removing your mark from your website, promotional material and packaging could be vast. Moreover, using someone else’s registered trademark would entitle the other party in issuing a claim for damages against you.
  • Secondly, you may want to register to prevent a counterfeiter( a person using an identical mark )  from using your mark – if your company has a strong brand, counterfeiters will probably want to copy it. It may be difficult for you to prove that you are the legitimate owner if you don’t register your trademark and it saves time. To obtain preliminary injunctions from the courts, and recover damages later on Trademark registration is the quickest way.
  • Third, the registration is the only way to prevent your company from unconsciously infringing on the other company’s rights. Also, you may not realize that the mark you are using is already registered. Finally, to register your trademark, there are significant financial incentives. Additionally, a trademark is an asset with monetary value. It can be bought, sold or licensed and for the exploitation of licensee.

A trademark is one of the major assets of your company: registration is the necessary investment to protect it.

Conclusion

A trademark is a word, symbol, and design or a combination in association with services and products. It distinguishes you from other competitors in the marketplace. A trademark can be related to both with an owner, the product, and/or service of a business. Trademarks also consider intellectual property. For trademark registration Canada you can-Publicly claim ownership of your product and service. Also, control the use of the trademark throughout Canada and provides protection against third parties using your trademark.

Further to give your business profits this hike, give us a call at +91 8750008585. For more information, you can visit our website Trademark Cart. Our experts will guide you in the best possible way. You can also visit our website for registering a trademark in different countries on the trademark cart. We provide service to trademark registration in Singapore, trademark registration in Hong Kong, and trademark registration in Sri Lanka.

Related articles

Trademark Search and Trademark Classification

Exclusionary Rights of a Registered Trademark Owner

Benefits of Trademark Registration

By | 2019-07-12T12:15:25+00:00 July 5th, 2019|Trademark|

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