trademark application canada

Trademark registration Canada

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Over 150,000 researches

We have researched availability for more than 150,000 brands and verified that they met all requirements to trademark them.

1500+ trademarks per year

Every year we register more than 1500 trademarks in all countries in the world, with objections being lodged in less than 1 percent.

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What are the costs of a trademark registration in Canada?

The costs of trademark registration in Canada depend on the number of Nice classes that are relevant to the trademark. Most marks need 1 to 3 classes, but it is possible to get  protection in all of classes 1 through 45 of the Nice classification.

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How to obtain a registered trademark in Canada

Trademark rights are acquired in Canada on a usage basis. This means that the person or company that uses the brand first and continuously within the country is the one with the most rights to it. In practice, however, it is highly recommended to register your trademark in Canada. The biggest advantage of this is that you make ownership even more plausible. This is very useful in the unlikely event that you encounter trademark infringement. You can save yourself a long legal battle this way. It is not mandatory to hire a representative when applying for a trademark in Canada. If you do this, it must be a recognized trademark specialist.

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The requirements for a trademark you want to file in Canada

It is not necessarily necessary to have a trademark in use when you decide to apply for it. However, this must be the case before the trademark is definitively registered in the Canadian market. In other words, your brand must become active throughout the process. You must also be able to provide proof of its use to the review committee. If you are unable to use your trademark for a longer period of time, there is a chance that it will be removed from the Canadian trademark register.

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Registration of your application in the Canadian Trademarks Database

The CIPO (Canadian Intellectual Property Office) registers trademarks in Canada. You send your application to this organization and pay them the application fee. Your application will be included in the Canadian Trademarks Database. You will receive this within seven days
-if you have made the application online- an official confirmation with the detailed information as included in your application. A period of twenty days applies to applications sent by post.

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What can you register as a trademark in Canada?

A brand can be a word, sound, design, taste, color, texture, smell, moving image, three-dimensional shape, hologram, or combination thereof. Please note that an application for registration of a logo does not contain a “color claim”. As a brand owner, you can use it in any color you want. On request it is possible to register color as part of your trademark. This also means that you can only use this color in practice.

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Separate or combined application

If you want to register a combined trademark, for example a trademark that consists of a word and a logo, the rights you acquire to this only apply to this specific combination. If you want to be able to use the two elements separately, it is best to register them separately as well. If you do not do this and another party uses an element of your brand, you can only object if he does so to market the same or a very similar product or service.

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What cannot be registered as a trademark in Canada?

Anyone who wants to register a brand name in Canada has to deal with some restrictions. Not just any word can be registered as a trademark. This is true for:

  • First and last names
  • Descriptive words such as “sweet”, “perfect”, etc.
  • Misleading names, for example the designation “cocoa” for a product that does not contain cocoa
  • The geographic location of the origin of your goods: you may not define a geographic place as yours, nor may a place name be used if it is totally unrelated to your product or service. For example: “Paris fashion” for fashion that is not from France
  • Words that describe your product in other languages, such as “Wurst” or “gelato”
  • Names that are very similar to existing brands

It is also prohibited to use flags, badges, symbols and other signs of government agencies, political bodies or other organizations.

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The first step to a successful application: the trademark search

If you want to file a trademark in Canada, you increase the chance of success if you first carry out a good trademark search before submitting your application. Most entrepreneurs have these carried out for them. It is not mandatory to consult the Canadian Trademarks Database, but it is highly recommended. In the list you will find active and inactive brands as well as prohibited brands. This is the same list that your trademark ends up in when the CIPO has processed your application. The CIPO has created an extensive manual with numerous tips for a successful trademark search.

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How does the trademark registration process in Canada work?

If you want to register your brand name in Canada, you follow a fixed number of process steps. The first of course involves sending the application form to the CIPO. This can be done online, by e-mail or by fax. An application is only considered complete when the costs for this have also been transferred. The CIPO enters your application in the Canadian Trademarks Database and an expert checks whether your trademark is registrable. If there are any obstacles, he or she will inform you about them, after which you have six months to improve them.

If the CIPO expert approves your application, you will receive a formal notification of approval. Your application will then be published in the Trademarks Journal on the CIPO website. This gives third parties the opportunity to object to your request. They are given a period of two months for this. When another party submits a request for this and pays additional costs, this can become a period of three months. If there is no opposition, CIPO will officially register your trademark and you will receive a digital certificate. A paper version is not provided.

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What is the validity of a trademark in Canada?

If you have been able to register your brand name in Canada, the rights apply for a period of ten years. You can extend this indefinitely. You can submit an application for an extension up to six months after the expiry date. If you do not use your brand for a period of three years, third parties may request cancellation due to inactivity. Only in a few cases is inactivity of a brand allowed.

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International Registration

Canada became a member of the Madrid Protocol in June 2019. This means that expansion of an international registration via the Madrid System is also possible for this country. By submitting just one application to WIPO, the International Registration Office, you can register a trademark in several countries at the same time, including Canada.

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Trademark registration Canada