In Canada, trademark rights are acquired by use. This means that the person or entity who is the first to utilize a trademark in Canada and continues to do so gets priority rights to it. In practice, however, trademark owners are strongly advised to register their trademarks. The fundamental advantage of trademark registration is the presumption of ownership of the mark. This may prove useful in cases of infringement.
Trademarks in Canada are registered through the Canadian Intellectual Property Office (CIPO).The Madrid Protocol includes Canada as a signatory. As a result, the extension of international registration of a trademark via the Madrid System is possible for this country.
Canada’s filing requirements
To get a filing date, you must supply the following information to the Canadian Intellectual Property Office:
– the application for registration;
– the trademark;
– list of goods/services;
– the applicant’s details;
– payment of the filing fee.
Although the submission of the Priority Document is not normally necessary, if priority of a trademark application is claimed, the Registrar may seek a certified copy of the Priority Document.
When filing a trademark application in Canada, no Power of Attorney is required.
Examination, publication, and opposition to a trademark application in Canada
A formal examination, an examination for registrability and technical compliance with the Trademarks Act and Trademarks Regulations, and a search for existing trademarks on the register that may be mistaken with the applied-for trademark are all part of the application process.
The application is advertised in the Trademarks Journal if it is in the process of being approved. After publication, anyone may file an opposition to a trademark application within two months after the date of the application’s publication.
Grant, validity term, and trademark renewal
In Canada, there are no grant fees for trademark registration. The registration of a trademark in Canada is valid for ten years from the date of registration. Trademarks can be renewed six months before their 10-year term expires. Renewal is still possible six months after the initial term ends or two months after receiving the official notice.
How long does it take to register a trademark in Canada?
The average processing time for a trademark in Canada, from filing to registration, is roughly 24-32 months in the case of a successful registration procedure.
Use requirement
If a trademark registration has not been used in Canada for three years, it may be canceled on the Registrar’s initiative or at the request of a third party.
Representation by a trademark attorney
For international trademark applicants, trademark prosecution in Canada must be handled by a registered Canadian trademark lawyer.