- North & South America
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trademark law
The current trademark law in Canada was established in 1985, and its full name is the Trademark and Anti Unfair Competition Act. On June 17, 2019, Canada made significant amendments to its trademark law, officially becoming a member of the Madrid Agreement on the International Registration of Marks and joining the Nice Agreement. Trademark registration began using the Nice classification. These measures synchronize Canada's trademark system with the vast majority of countries in the world. In this revision, the use requirement for trademark registration has been removed, and "use" is no longer a condition for trademark registration in Canada. Instead, applicants are required to submit a statement of trademark use when filing a registration application, which means that the trademark being applied for registration must be a trademark currently being used or intended to be used in Canada.
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Registered types
1. Ordinary trademarks include text, design, taste, texture, dynamic images, packaging methods, holograms, sound, smell, three-dimensional shapes, colors, and any combination of these elements, aimed at distinguishing individuals or organizations' products or services from third parties.
2. Certified trademarks can be used under license by multiple individuals or businesses as a means of indicating that certain products or services comply with relevant standards. -
Prohibited registration situations
1. First name and surname
2. Provide a clear description of the trademark
3. Trademarks that provide false and misleading descriptions
4. Words that specify the geographical location of the source of goods or services
5. Any language name of the goods or services listed in the registration application
6. Any trademark that may be confused with a registered or pending trademark
7. Any trademark that may be confused with prohibited trademarks -
Registration Type
1. Standard Trademark: Refers only to a mark used to indicate the source of goods or services;
2. Service Trademark: A mark used to indicate the quality of goods or services. -
Duration
Canada does not charge licensing fees. The validity period of a Canadian trademark is 10 years from the date of application. Renewal requests can be submitted within 6 months before the expiration of the current 10-year validity period. Renewal can still be applied for within 6 months after the expiration of the deadline, or within 2 months after receiving official notification.
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Revocation system
If a trademark is not used for three consecutive years from the date of registration, it may be revoked by the official authority or by any third party upon application.
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Application Language
English, French
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other
Documents required for trademark change/transfer:
1. Wills and death certificates
2. Federal Court Order
3. Asset Sale/Purchase Agreement
4. Transfer certificate (to be signed by the applicant/rights holder and the assignee; to indicate the effective date and execution date of the transfer statement)
5. Certificate of Corporate Bonds
6. Partial/Full Transfer Certificate
1. Single country registration: submit an application directly to the Canadian Intellectual Property Office (CIPO);
2. Madrid Trademark International Registration: Apply through the designated Canadian channel under the Madrid System.
Before submitting an application, conduct a trademark search to determine if your trademark conflicts with existing trademarks and evaluate its registrability.
Prepare the necessary materials for trademark registration application, including trademark application form, trademark design, trademark classification, etc.
Submit the trademark registration application materials to the Canadian Intellectual Property Office (CIPO). You can choose to submit it online or by mail.
CIPO reviews the application to determine whether it meets the requirements of trademark law. If the application passes the examination, the trademark will receive preliminary approval.
After the preliminary approval of the trademark, CIPO will announce the trademark during the trademark announcement period. The announcement period is 4 months, and other stakeholders can raise objections.
If there are no objections or objections are resolved, the trademark will be registered and a trademark registration certificate will be issued.
The above is an overview of the general trademark registration process, and the actual process may vary due to special circumstances and requirements. Before registering a trademark, it is recommended to consult a professional intellectual property lawyer or agency for detailed guidance and assistance. They will be able to provide you with accurate advice and guidance based on your specific situation.
1. Trademark registration application;
2. Trademark design;
3. List of goods or services;
4. Applicant information;
5. Official application fee receipt;
It should be noted that:
1. Normally, there is no need to submit priority documents, but in special circumstances, authorities may require a certified copy of the priority documents.
2. Canadian trademark applications do not require the submission of a power of attorney.
3. Canadian trademark applications do not require proof of trademark use.
