Canada is the second-largest country in the world. Canada has a highly developed economy and is among the wealthiest in the world, with the eighth-highest per capita income globally, and an index of 11th highest human development. Canada ranks among the highest in international comparisons for education, government transparency, civil liberties, quality of life, and economic freedom. Therefore, many businesses want to enter this market and one of the most important steps that all businesses need to take in order to develop sustainably in this market is to conduct a trademark registration in Canada.
Principles of trademark registration in Canada
Canada uses the “first to use” rule to determine industrial property rights to trademarks. This means that the person who first used the mark in Canada would have the industrial property rights, not the first person to file the trademark.
Types of trademarks in Canada
The following types of trademarks can be registered in Canada:
- Alphabet;
- Name;
- Sound;
- Figure;
- Slogan;
- Certain three-dimensional shape;
- Full image technique;
- Movement;
- Overall commercial image.
Types of trademarks forbidden in Canada
- Generic name;
- Signs that are contrary to ethical standards in Canada;
- Signs may threaten public order;
- Name of the international organization;
- Flag or emblem of the region or country;
- Surname;
- Indistinguishable trademarks;
- Geographical Indications;
- Mistaken names that are related to a certain living individual;
- Portrait of a person who has been dead for about 30 years;
- Signature of a person who has been dead for about 30 years;
- Trademarks associated with plant varieties;
- Trademarks may be mistaken as similar to any trademark published in the Canadian Trademark Gazette.
Necessary documents for trademark registration in Canada
- Trademark registration application;
- Authorization letter;
- Documents proving the right to priority;
- Document translations, if the document is written in a foreign language;
- License to use the company name, personal name, establishment name or logo, images, drawings, or any description appeared on the mark;
- License to use the flags, insignia, symbols, and drawings of the competent authority, or badges, seals, standard certification marks, warranty marks.
- License to use the mark of a trademark of high symbolic value, the symbol of a geographical name.
- Regulations of use for collective marks, certifications, and associations.
Trademark registration procedure in Canada
- Trademark search (Optional);
- Apply for trademark registration
- The examination of registration applications
- Application announcement
- Issuing a certificate of protection
Notes on trademark registration in Canada
Trademark registration in Canada usually takes about 12-24 months. According to the provisions of Canadian Law, a trademark is valid for 10 years from the date of registration and can be renewed for consecutive 10 years.
You can see a list of Canada IP firms here.