The Case Lawyer is an international law firm partners with the trademark law firms in Canada helping Pakistanis clients to get their trademark registered in Canada being non-resident. Our rigorous approach to registering, commercializing and enforcing trademarks keeps our clients’ growth strategies on track and their brand center stage. We are made up of highly experienced Canadian trademark lawyers who are experts at registering trademarks in Canada and internationally. We help our clients expedite the application, prosecution, maintenance and licensing of trademarks across sectors.
Use of a trademark in Canada is achieved if the wares in association with which the mark is used have the trademark marked on them or on packaging containing the wares at the time of transfer of property in or possession of the wares, in the normal course of trade.
Normally, use occurs at the time the goods are sold but could also be deemed used at the time of transfer of possession even if the sale occurs later. For services, a mark is deemed used if it is displayed in either the performance or advertising of those services.
Registration of a mark in Canada takes between 1 and 2 years. After an application is filed the application is given an application number. A filing receipt is sent to the Applicant’s agent within about 1-2 weeks after filing of the application. After about 10-14 months the examiner does a search to determine if the subject trademark is likely to be confused with an existing registered trademark or a mark for which application has been made. In addition the Examiner may consider that there are formal defects in the application. All of the Examiner’s objections are set down in an Examiner’s Report and sent to the agent of the Applicant. The Applicant then argues against the objections or amends the application to comply with them. This process may occur more than once. Finally the application is approved for advertisement in the Trademarks Journal. If within 2 months of the date of publication there is no opposition by third parties, the opposition period expires and the application proceeds to registration.
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