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Are you looking to enforce your legal rights over trademark in Canada? Connect Enterslice experts to officially obtain a local trademark registration in Canada.
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Strengthen your brand’s legal foundation and gain exclusive rights for 10 years with trademark registration in Canada.
Trademark registration in Canada helps protect a business’s brand identity and legal title of business incorporated within the country. It grants exclusive rights to use trademarks in connection with specific products or services, serving as an essential form of intellectual property protection. Furthermore, the Canadian-based businesses seeking to apply for trademark in Canada provide long-term security and create opportunities for growth.
A registered trademark in Canada is valid for 10 years from the date of registration and can be granted through the Canadian Intellectual Property Office (CIPO) or the United States Patent and Trademark Office (USPTO). Additionally, trademarks can be registered internationally through the World Intellectual Property Office (WIPO) under the Madrid Protocol. However, a trademark registration in Canada is not obligatory but it is highly recommended as it helps verifying and enforcing the exclusive rights of using a mark for specific goods or services.
Nationwide Protection across Canada
Exclusive Trademark Rights for 10 Years
Exempt from the French Language Requirements
Strategic Trademark Protection for the U.S. Market
Participation in the Madrid Protocol
Trademark Filing for Businesses of All Sizes
Trade mark registration in Canada grants you enforceable rights, offering broader protection compared to unregistered trademarks. Here are some of the key benefits of filing a Canadian trademark registration application, essential for your company’s growth:
Trade mark registration in Canada grants a statutory exclusive right to use the trademark in association with the goods and services included in the application for registration. However, the exclusive rights to use the trademark extend throughout Canada, regardless of the fact where the mark has actually been used.
Owning a registered trademark reduces enforcement costs, as it eliminates the need to prove reputation in case of disputes. Additionally, registered trademarks are more likely to be respected by lawyers and businesses, often preventing legal conflicts at the cease and desist/ demand letter stage.
In the event someone adopts/ uses the same or a similar trademark, the owner of the registered trademark has greater legal enforcement options compared to those with an unregistered trademark.
The registered trademarks are listed in Canada’s national trademark database, making your brand publicly searchable. This visibility helps businesses and legal professionals recognize your trademark, reducing the risk of unauthorized use and potential conflicts with other businesses.
Registering your trademark in Canada helps prevent cybersquatting, ensuring that others cannot misuse or register your brand name online. It provides a strong legal foundation to protect your brand across Canada’s diverse regions having a diversified customer base.
Trade mark registration in Canada enhances the value of your company's intangible assets, assuring adequate protection of your company’s intellectual property rights. It also helps mitigate underlying risks and strengthens the overall brand value of your company’s trademark portfolio.
Trademark registration in Canada is crucial for businesses seeking to protect their corporate identity and establish a strong market presence. Have a look over the straight-forward procedure providing for trademark registration in Canada:
Immediately after the journey of company incorporation in Canada, the applicants are initially required to conduct a preliminary search of the existing trademarks, which helps avoid the issuance of objections and oppositions with respect to the mark.
The next step requires the applicant to appoint a trademark attorney authorized to determine and file the application for registering different classes of trademark in Canada.
The applicant entities are further required to file an online trademark application form along with the payment via email to the Canadian intellectual property office.
Upon receiving the application, the staff at the Canadian intellectual property office are further authorized to conduct a formal review and substantive examination of any deficiencies in the trademark registration application.
Once the CIPO approves the examination of the trademark application, the proposed trademark is published in the trademarks journal, allowing allows third parties with an opportunity to raise objections within 60 days.
In case no objection was raised by the opposition, the CIPO issues the trademark registration certificate, officially granting ownership and legal rights for a period of 10 years from the date of trademark registration in Canada.
The timeline required to register trademark Canada takes around 12 to 24 months, as discussed below:
It takes around 2 to 4 weeks to comply with the pre-application requirements such as attorney consultation, singing engagement letter, file trademark intake for, and conduct a preliminary trademark search in Canada.
It takes around 1 to 2 weeks to prepare and successfully file the completed trademark registration application at the official website of the Canadian Intellectual Property Office (CIPO).
The CIPO takes around 8 to 16 months for conducting a formal examining to ensure compliance with the filing requirements, followed by a substantive examination to access the registrability of the trademark under the Canadian law.
It takes around 1 to 2 months to publish the trademark application in the official trademark journal, allowing third parties to raise objections within 60 days.
It takes around 1 to 2 months to issue a certificate of registration granting legal and exclusive rights over the trademarked goods or services.
The list of following documents is mandatorily required to apply for trademark in Canada-
Name and complete identification details of the applicant
Full post-office address of its principal office or place of the business
Description and representation of the trademark sign
Description and graphical representation of the trademark sign
Declaration specifying an intent to use the trademark
Proof of payment of the prescribed fees
The application no. and filing date of any corresponding foreign trademark application
Statement of goods and services grouped according to the Nice Classification
Statement in specific or ordinary commercial terms of the goods and services
Power of attorney (if applicable)
Other Priority Documents (if any)
Yes, trademark registration in Canada must be renewed every 10 years. The initial renewal is required before the end of the first 10 years from the date of registration, with subsequent renewals every 10 years thereafter. The filing for renewal of trademark registration in Canada can be made up to 6 months before or after the actual renewal date.
The timely renewal of registered trademarks in Canada prevents the risk of cancellation or loss of exclusive rights, protecting the brand identity of the business. The trademark registration once removed from the trademark register, allows third-parties to claim or register a similar identical trademark in Canada. However, the on-time filing of trademark is crucial to avoid potential loss of rights, added expenses, or legal complications.
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Registration of different types of trademarks in Canada serves as a unique identifier that enables businesses to distinguish their goods and services from competitors. Here are some of the different types of trademarks specifically- associated with the protection of goods or services as discussed below:
Ordinary trademark is among the most common and trademarks granted in the form of brand names, logos, slogans, and symbols. It secures the recognizable features of a brand, preventing others from using similar identifiers.
A certification mark is a type of trademark that indicates the goods or services meeting defined/ established standards related to quality, safety, or origin. These marks are typically managed by organizations responsible for assessing and verifying compliance such as organic certification label, wool mark, etc.
Distinguishing guises, also known as trade dress, is a type of trademark granted to protect the shape, design, packaging or wrapping of the product or its container. These trademarks emphasize the visual aspects that are recognised as a part of the product’s identity.
A collective mark is a trademark granted to the combination of both text and graphic design or logo. It is considered ideal for businesses using a specific font style, colours, and images in branding.
A sound mark is a trademark granted to protect a distinctive sound or jingle associated with a brand. It further assists brands in protecting the sounds used in advertisement, branding and product marketing.
According to the modernized Canada’s trademark laws, the businesses are now eligible to register a non-traditional trademarks like taste, colour, scents, and texture marks, showing elements distinguishing the product or services.
Below-mentioned is the list of some applicants eligible to register a trademark in Canada:
The post-setup compliances for trade mark registration in Canada are as discussed below:
Enterslice brings 10+ years of experience in trademark protection, ensuring a smooth and efficient process for trademark registration in Canada. We at Enterslice ensures simplifying the process making trademark registration in Canada seamless and hassle-free. Learn the reasons why Enterslice is the right partner for trademark registration in Canada.
The official cost to register a trademark in Canada starts from $102 for the first class of goods and services in your Canadian- trademark application.
It takes around 18 to 24 months (on an average) to successfully get a trademark in Canada.
The office of the Registrar of Trade marks under the Central Intellectual Property Office, which is a special operating agency of Canada for the development of innovation, science and economic development is the authority responsible for approving the trademark registration application in Canada.
The trademark registered under the Central Intellectual Property Office of Canada is valid for a period of 10 years from the date of its registration.
Yes, Canada and USA are the first-to-file country for trademarks, which prioritizes the first person or entity to file a trademark application over the others.
To find a trademark agent in Canada, the applicant entities are initially required to use the College of Patent Agents and Trademark Agents in Canada (CPATA)'s public register or the IPIC website incorporating the list of potential agents.
No, a Canadian trademark, patent, or industrial design does not secure your rights outside the territory of Canada.
The essentials required to get a trademark in Canada are as discussed below:
The following items that cannot be trademarked in Canada are as enlisted below:
The removal or expungement of trademarks from the Register of Trademarks can occur if the trademark loses its distinctiveness or the trademark is abandoned and stops being used as a trademark.
Section 45 of the Trademarks Act of Canada allows anyone to request the removal of a trademark from the Register of Trademarks if the owner of the trademark owner has been unable to show the use of a trademark in Canada during a period of 3 years period preceding the date of S. 45 notice which is called the relevant period.
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“I have registered my Trademark through them. The application was filed within 3 days. And the charges were also very reasonable. We got TM Approved in 6 month’s time without any re-submission or objection. They charge high to deliver the best in industry.”
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