Canada

Trademark registration Canada - In Canada the legal basis is the Trade-marks Act of 1953. Trademark protection is obtained by registration first-to-use system for the determination of rights and a first-to-file system with respect to the examination of conflicting applications. Canada does not use any classification system.

Requirements

A trademark application has to be filed before the Trade-marks Office of the Canadian Intellectual Property Office (CIPO) by a local agent. Foreign applicants do not need a domestic registration.

Procedure

The application process includes a formal examination and an examination of distinctiveness, but no search for prior trademarks. It takes approximately 14-18 months before an office action is issued by the trademark authority or registration. After end of the formal examination the trademark is published in Trade-marks Journal. The opposition period is 2 months from the publication date of the application and could be extended at least one time unilaterally for three months.

Duration

A trademark registration in Canada is valid for 15 years and starts with registration date. The registration is renewable for periods of 15 years.

Methods

NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office.

Extra

Duly note, if the trademark has not been used within 3 years from registration or has not been used later for 3 consecutive years, it may be subject to cancellation.