Trademark Registration in Canada

Canada Trademark Registration – How to Register and its Benefits

Why do you need a Trademark Registration in Canada?

A trademark attorney will process a trademark registration in Canada, by conducting the below-mentioned steps:

Step 1. Trademark’s Comprehensive Study:

Before filing for trademark registration in Canada, it is important to assess all probable challenges that could come in the way of the registration process. This Comprehensive Study of the trademark helps in making a list of all comparable trademarks (graphically or phonetically) that might conflict with the one selected by you.

Step 2. Request of Trademark Registration:

The next step is that an attorney files your particular trademark registration in Canada and fulfils all necessary steps in the Trademark Office for getting registration approval. After the trademark is filed, we send the filing report comprising of the application number, date, and a scanned copy of the complete application.

Step 3: Trademark Registration Certificate:

After approval of trademark application by the Trademark Office, the attorneys complete all mandatory tasks to get the registration certificate in Canada. When the certificate is obtained, it is sent to your postal address with a registration report including all details such as the registration number, date and any other special consideration to be taken into account in Canada

Will I get any right after having a registered trademark in Canada?

Registration is not compulsory to get rights to a trademark. The first-to-use rule is evidence of validity.

What is the use of my trademark before application for registration?

No, there is no need for requirement.
  • Prior and intent use in Canada
  • Make known and use in international territories.

what grounds can a Trademark Application be opposed?

Trademark can be opposed in case of:
  • Proprietary rights
  • Personal name rights
  • Copyright breach
  • Generic mark
  • Geographical indication mark
  • Use of state symbol
  • Descriptive and deceptive marks

what grounds can a Trademark Application be Cancelled?

Trademark can be opposed in case of:
  • Personal name and registered name conflict
  • Copyright breach
  • Geographical indication
  • Deceptive mark
  • Misleading mark
  • Proprietary rights

Is there timeline or the approval of trademark registration?

The average timeline for approval of the registration is 12 months, provided no objections or oppositions happen.

What is filing basis?

A “filing basis” is a method which is followed in Canada trademark registration, under three categories.
  • Use in commerce basis
  • Proposed basis
  • Foreign registration basis

How many applications should I file?

It Recommended to submit two applications:
  • To protect verbal elements
  • To protect the design

Do I have protection for my trademark in other territories?

The limit only exists within the Canada.

Do I need a power of Authority during registration?

Yes, it is necessary to complete the registration process

When will I have to renew my trademark?

Subsequent renewals should be done every 15 years.

What is the renewal date for a trademark?

The first renewal date of trademark registration in Canada is 15 years counted from the date of application filing.

What documentation is needed while renewing a trademark?

No document is necessary for renewals

Do I get a grace period after my trademark expires?

Yes, the grace period after the expiry of the renewal date is 6 Months

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