Canada Trademark Registration

Canada trademark can be protects words, names, symbols, or colors that distinguish goods and services from those manufactured or sold by others and indicate the source of the goods and can be register in Canadian Intellectual Property Office of Industry Canada (CIPO). However, registering a trademark in Canada does not provide any protection in United States because a Canadian Intellectual Property Office of Industry Canada (CIPO) is valid only in Canada.

 

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Canada Trademark Application process

a) Canada Trademark Application

In Canada, a trademark is registered by filing an application with the Canada trademarks Office. It is possible to file an application for registration of a trade-mark that is not yet in use somewhere in Canada.

 

b) Initial Canada Trademark Examination

Within the following four months, the trademark registrar examiners then carry out a search of trade-mark records for potentially conflicting marks. Should there be no apparent conflict, the examiners then make an initial determination as to the registrability of the trade-mark, assessing such characteristics as whether the trade-mark is "clearly descriptive" or "deceptively mis-descriptive". They will also decide whether the description of the wares or services complies with the regulations and is in normal commercial terms. The examiners advise the applicant of any adverse findings. Applicants may be required to submit revised applications. Once past the conflict search stage and initial determination of registrability and any revisions to the application the trade-marks Office will submit for Advertisement.

 

c) Canada Trademark Advertisement. The Canada trademark information is published in the trademarks Journal. Any interested party may then make representations to the Canada trademarks Office, such as filing an opposition against registration of the trade-mark owing to alleged confusion with an existing mark. Should this happen, opposition proceedings can, if successful, bring the application process to an end or otherwise delay the registration process for eighteen (18) months or longer

 

d) Acceptance of Canada Trademark. If the Canada trademarks Office receives no objection within approximately two (2) months of publication in the trademarks Journal, the Canada trademarks Office issues a notice of acceptance of the application for registration.

 

Term of Canada Trademark Protection.

In Canada, the term of Canada trademark protection is valid for fifteen (15) years. A Canada trademark registration is renewable every fifteen (15) years upon payment of a renewal fee.

 

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