Global Trademark GO - Canada - Introduction to Canadian Trademark Application - 页之码

Submitted by haili on Wed, 06/07/2023 - 12:26

来源：

页之码IP

Canada's current trademark law was enacted in 1985, and its full name is the "Trademark and Anti-Unfair Competition Act". Canada made major changes to its trademark law on June 17, 2019, making Canada officially a member of the Madrid Agreement on the International Registration of Marks and joining the Nice Agreement. Trademark registration began to adopt the Nice Classification. These measures bring Canada's trademark system in line with most countries in the world. In this revision, the use requirement for trademark registration has been cancelled. "Use" is no longer a condition for trademark registration in Canada. Instead, applicants are required to submit a statement of use of the trademark when applying for registration, that is, applying for registration. The trademark must be a trademark currently in use or intended to be used in Canada.

In Canada, you can apply for a word mark, design mark, scent mark, pattern mark, or movement mark for one or more combinations of words, sounds, designs, tastes, colours, textures, smells, moving images, three-dimensional shapes, packaging methods or holograms. , hologram trademarks, sound trademarks, three-dimensional trademarks, color trademarks, etc.

1. Trademark authority:

Canadian Trademark Office: English: Name of the Office: Canadian Intellectual Property Office (CIPO)
Website: Trademarks (canada.ca)
Trademark search: Search - Canadian Trademarks Database - Intellectual property and copyright - Canadian Intellectual Property Office - Innovation, Science and Economic Development Canada

2. How to apply for trademark registration:

electronic submission

3. Trademark registration application language:

English; French

4. Documents required for trademark registration application:

Applicant information
Trademark drawings, representations and descriptions of the trademark
List of goods or services, statement of specific and ordinary terms of business for the goods and services to which the trademark relates
Proof of application fee payment
There is usually no need to submit a priority document, but in exceptional cases the authorities may request a certified copy of the priority document

5. Canadian trademark registration application process:

After receiving a trademark registration application, CIPO will conduct a search in the trademark database to ensure that the applied trademark is not confused with the prior trademark, pass the search results to the trademark applicant, and decide whether the trademark application will be announced. If there is any objection during this period, the trademark applicant will convey the objection and notify the trademark applicant of the deadline for reply. Before publication in the Trademark Journal, CIPO will conduct a second search to ensure that there are no conflicting trademarks. The Trademark Journal is published every Wednesday for 2 months. If there is no objection, the Trademark Office will issue a "Notice of Permission" and issue a registration certificate.

6. Documents required for trademark change/transfer:

Wills and death certificates
federal court order
Asset Sale/Purchase Agreement
Transfer certificate (needs to be signed by the applicant/right holder and transferee; the effective date and execution date of the transfer statement must be marked)
corporate bond certificate
Partial transfer certificate

7. Trademark cancellation

If a trademark is not used for three consecutive years from the date of registration, it may be revoked by the official ex officio or by any third party upon application.

8. Trademark objections

Any person/third party may object to the published trademark within 2 months after the trademark is published.

9. Authorization, validity period and trademark renewal

Canada does not charge licensing fees. The validity period of a Canadian trademark is 10 years from the date of application. Renewal requests can be submitted within 6 months before the current 10-year validity period expires. You can still apply for renewal within 6 months after the expiration of this period, or within 2 months after receiving official notification.

10. Average time for trademark authorization