Trademarks Canada

About Canada Trademarks

The Canadian Intellectual Property Office is in charge of registering and overseeing trademarks in Canada under the authority of the Trademarks Act (CIPO). The law specifies the steps to take in order to get and maintain a trademark registration as well as the legal rights and safeguards that belong to the owner of a registered brand.

To register a trademark in Canada, a CIPO application must be made. The trademark must also meet a number of criteria, including being unique and not being comparable to any other trademarks that have previously been registered. A formality exam and a substantive exam are both part of the registration process, which takes several months. If the application is approved, the trademark will be registered on the Canadian Trademarks Registry, and the registrant will get a registration certificate.

The owner is given an exclusive license to use the trademark in Canada in connection with the goods and/or services listed in the registration. The power to sue anyone discovered using the trademark without permission is also granted by this clause. A Canadian trademark registration is good for 15 years and may be renewed indefinitely for additional 15-year periods as long as the trademark is constantly utilized and the renewal fee is paid.

The fact that common law trademarks, which are unregistered trademarks based on use rather than registration, are recognized by Canadian law is also significant. Yet, compared to common-law trademarks, registration affords a better level of legal protection.

It is typically advisable to acquire legal counsel for trademark registration and protection in order to avoid any confusion. They can assist you in preparing the documents and agreements that will help you to assert your trademark rights, walk you through the process, and provide legal advice on the best course of action for protecting your brand.

About Canada Trademarks

Any word, phrase, symbol, emblem, or combination of these that is used to distinguish one person's or organization's goods or services from those of another is considered a trademark in Canada. Trademarks are protected by the Canadian Trademarks Act as an instance of intellectual property.

Trademark registrations are accepted by the Canadian Intellectual Property Office (CIPO), a federal organization in responsibility of monitoring and upholding Canadian trademark law. To be eligible for registration, a trademark must be distinctive and cannot be confused with any other marks that are already registered. If a trademark is registered, the owner has the exclusive right to use it in connection with the goods and services stated in the registration and has the legal right to pursue legal action against anybody who does so without permission.

It is important to be aware that trademark registrations must be actively used in Canada in order to remain valid. If a registered trademark has not been used consistently for three years or more, it may be challenged by a third party for non-use and may be subject to cancellation.

A wide range of trademark types may also be registered in Canada, including:

Standard character trademarks are those that merely include words, characters, or numbers without any particular design elements or fonts.

Design trademarks are those that include a single design or a group of related designs.

Certification trademarks are trademarks that are used to guarantee that goods or services meet certain requirements.

Collective trademarks are those that a group or association of people or organizations uses to distinguish their goods or services from those of others.

It's also crucial to keep in mind that under Canadian law, common-law trademarks, which are based on use rather than registration, are recognized as both registered and unregistered trademarks. But, registration provides more robust legal protection.

It is always advisable, as with any legal issue, to seek the counsel of a trademark attorney who can help you with the process, advise you on the best course of action for protecting your trademark, and work with you to draft legal documents and agreements that will allow you to enforce your trademark rights.