An ordinary trademark includes words, designs, tastes, textures, moving images, mode of packaging, holograms, sounds, scents, three-dimensional shapes, colours, or a combination of these used to distinguish the goods or services of one person or organization from those of others. A certification mark can be licensed to many people or companies for the purpose of showing that certain goods or services meet a defined standard. The landscape can change often so it is important to stay up to date on the recent Trademark News and Updates.
Registering a trademark provides legal protection and exclusive rights to use the mark in association with your goods or services. It helps prevent others from using a similar mark and allows you to enforce your rights if infringement occurs.
The Canadian Intellectual Property Office (CIPO) provides an online database called the Canadian Trademarks Database. You can search for existing trademarks to ensure that your desired mark is unique and not already registered or pending.
A trademark professional can conduct a more comprehensive search on your behalf, which can assist in avoiding costly and time-consuming objections to registration.
You do not have to register your trademark; by using a trademark for a certain length of time, you may have rights under common law. However, if you use an unregistered trademark and end up in a dispute, you could be looking at a long, expensive legal battle over who has the right to use it.
Once registered, a trademark in Canada is valid for ten years. It can be renewed indefinitely for additional ten-year periods, as long as you continue to use the mark and pay the renewal fees.
Currently the trademark registration process in Canada typically takes around approximately 24 to 36 months, assuming, there are no objections or oppositions.
Registering a trademark that is similar to an existing one can be challenging. The Trademarks Act prohibits the registration of marks that are confusingly similar to existing trademarks in the same class of goods or services.
Yes. You can apply for and register a trademark that is not yet in use, as long as you have a bonafide intention to use the mark in Canada at the time you apply. Note that although use is not required to apply for or obtain registration, if you do not eventually use your trademark in Canada, the registration may be subject to cancellation proceedings due to non-use.
The cost of a trademark registration in Canada depends on a number of factors, including the number of classes of goods and services designated in the application for registration, as there is a government fee attached to each class. Other factors that affect costs is whether any objections or opposition arise during the registration process. To better understand potential costs, consult with trademark professionals, like Greenspace, who can assist in determining the most cost-effective strategy to achieve registration.
Yes. You can apply for registration of your trademark on a country-by-country basis, or by filing an application with the World Intellectual Property Organization (“WIPO”), which provides for trademark protection in more than 100 countries. If filing on a country-by country basis, you can use your Canadian application as a basis for a priority filing date in most countries, and the Canadian registration to issue can be the filing basis for applications for registration of your trademark in other countries such as the United States.
Trademarks that are generally unregistrable include the following:
To be eligible for Amazon Brand Registry, your brand must have an active registered trademark in each country where you wish to enrol, or have a pending trademark application filed through Amazon IP Accelerator.
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