Canada

Trademark registration in Сanada

Trademark registration in Canada
directly through the local patent office

Cost of services $894

Trademark registration in Canada is only possible through the local registration authority - Canadian Intellectual Property Office (CIPO). Canada is not included in the list of countries party to the Madrid Agreement.

The first step for trademark registration is to select the type of trademark, as well as the necessary classes of the Nice Classification.
The next thing to do is to conduct a preverification of mark on the identity and similarity to previously registered trademarks in the registry of the registration authority in Canada.
After the preverification, if no match is found, it is possible to apply for trademark registration.

The application must specify grounds for a trademark registration in the Canada. Such grounds may be following:
1) Use in commerce. This means that the trademark has been used and continues to be used by the applicant in the Canada before the date of filing.
Use in commerce requires confirmation. For example, it may be photographs of the products with the trademark on them, labels on the goods, etc;
2) Intend to use. This means that the trademark is still not used in Canada yet, but it is planned for the future. Within 6 months of receipt of the notification of the resolution of a trademark registration, the declaration, which confirms the start of use of the trademark, shall be filed to the registering authority;
3) Foreign application. The application for an identical trademark filed by the applicant before (in respect of the same classes of the Nice Classification) in another country party to the Paris Convention, may serve as the basis for filing in Canada;
4) Foreign registration. Identity trademark which already registered in another country on the name of the applicant (in respect of the same classes of the Nice Classification) can also serve as a basis for filing an application in Canada;

The application is assigned a unique number, after which it enters the Examining Division.The examination is to test for compliance with the requirements of the Canadiantrademark law.

If a decision to refuse the registration of a trademark, an expert lead their arguments in writing. And then the applicant has the right to submit its reasoned response in favor of a trademark registration.

If the examination takes a positive decision, the data on the application are published in the Official Gazette, which comes out every week and is distributed by subscription and in some large libraries of Canada. Once the data has been published, any person may bring their arguments against the registration of the trademark.
If the claims are rejected or not received, to the proprietor shall be issued a certificate of registration of the trademark.

The registration process takes approximately 21 months.

The certificate for the trademark in Canada is valid for 15 years and then can be extended for another 15 years, an unlimited number of times.

Fees

The application on paper: CAD 300;
If the application is filed with an electronic system : CAD 250

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