Registering a trademark in Canada provides exclusive rights to use the trademark across the country for 10 years. To register, you’ll need to submit an application with the Canadian Intellectual Property Office (CIPO), including details like the trademark itself, the goods or services it’s associated with, and the applicant’s name and contact information. The registration process involves searching existing trademarks to avoid confusion, and once registered, you’ll need to monitor for infringement and renew your registration every 10 years.
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. We are made up of highly experienced Canadian trademark lawyers who are experts at registering trademarks in Canada.
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.
Trademark registration in Canada Intellectual Property Office (CIPO) is a legal process that grants exclusive rights to use a unique symbol, word, phrase, logo, or design that identifies and distinguishes a product or service from others. By registering a trademark, the owner receives federal protection and rights to use the mark nationwide, preventing others from using similar marks that could cause confusion. Registration also provides a legal presumption of ownership, making it easier to enforce rights and take legal action against infringement. The Canada Intellectual Property Office (CIPO) is a federal department responsible for granting patents and registering trademarks in Canada. Its primary functions include examining patent and trademark applications, issuing patents and trademark registrations, and providing resources and education to inventors, entrepreneurs, and businesses to promote innovation and intellectual property protection.
The Canada Intellectual Property Office (CIPO) has made obligatory for everyone to file application through a licensed trademark attorney. If need a trademark registered in CIPO you may not need to engage Canada based trademark attorneys because their cost starts from 4000 CAD. Our law firm has engaged the services of licensed trademark attorney is Canada for our clients residing outside Canada. We are offering a very less cost than the Canada based lawyers therefore the first step is to engage our firm for filing your trademark application in CIPO.
In this process we conduct a comprehensive review of existing trademarks in CIPO database to determine whether your proposed trademark is likely to infringe on existing marks or is it available for use and registration. During the process we search the Canada Intellectual Property Office (CIPO) database (state and international databases) and review the registered and pending trademarks. We also conduct a comprehensive search of the proposed trademark in the social media engines, domain name directories and business directories. We also identify the international classification of goods/services for your proposed trademarks.
After a comprehensive search and determination of the related class, we prepare your trademark application by examining each and every requirement. The application must include a clear and concise identification of the goods or services with which the trademark will be used. This is typically done by selecting specific classifications from Canada Intellectual Property Office (CIPO) classification system. Additionally, the application must include a specimen of the trademark, which is an example of how the mark will be used in commerce, such as on packaging, labels, or websites.
The trademark examination is a critical step in the trademark registration process. During this phase, an examining attorney from the CIPO conducts a thorough search of existing trademarks to check whether the applied-for mark is likely to cause confusion with an existing mark or is it already registered. They also review the application to ensure that the mark is not generic, descriptive, or scandalous, and that it does not consist of or comprise immoral or deceptive matter. If the examiner identifies any issues with the application, they will issue an office action, which is a written notification of the examiner’s findings. The office action may include refusals, requirements, or objections, and we respond to the office action and address any issues raised by the examiner.
While responding to office objections, we address each issue raised by the examiner in the office action. This may involve arguing against a refusal or objection, providing additional evidence or documentation, or making amendments to the application. The applicant may need to provide further clarification on the goods or services listed, provide additional specimens of use, or argue against a likelihood of confusion refusal. If the examiner is satisfied with the applicant’s response, they will issue an approval, also known as a notice of allowance. This means that the mark has been approved for registration and will be published in the Official Gazette. After publication, the mark will be open to opposition for 30 days, during which time third parties can file an opposition to the registration. If no oppositions are filed, the mark will proceed to registration, and the applicant will receive a certificate of registration. The registration certificate serves as proof of ownership and provides legal protection for the mark.