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Canada’s robust intellectual property regime offers strong protection for businesses. Securing trademark protection in Canada is crucial for protecting your brand. This guide covers the procedure of trademark application in Canada, outlining the key steps and documents needed.
What Can Be Registered as a Trademark in Canada?
A trademark in Canada includes any sign capable of distinguishing the goods or services of one business from those of another. Eligible marks include:
- Words, logos, or symbols
- 3D designs and packaging
- Sounds, colors, and scents (non-traditional marks)
Key Documents Required for Trademark Application in Canada
To file a trademark application in Canada, the following documents are required:
- Trademark Application Form: Submitted to the Canadian Intellectual Property Office (CIPO).
- Trademark Specimen: A clear representation of the trademark.
- List of Goods and Services: Classified under the Nice Classification.
- Power of Attorney: Required if filing through a representative.
Step-by-Step Procedure for Filing a Trademark Application in Canada
1. Filing the Application
Submit the trademark application online or by mail to CIPO.
2. Examination
CIPO conducts both a formality and substantive examination to determine if#### How to Register a Trademark in Canada (Continuation)
The Canadian Intellectual Property Office (CIPO) will examine the application for formal requirements, as well as the substantive elements to ensure that the trademark meets all criteria for protection under Canadian law. The examination process may take 8-12 months depending on the complexity of the application and whether any objections arise.
3. Publication and Opposition
Once the trademark has passed examination, it is published in the Trademarks Journal. There is a two-month opposition period, during which third parties can file oppositions if they believe the mark infringes on their rights.
4. Issuance of Registration
If no oppositions are raised, or if any oppositions are resolved in favor of the applicant, the trademark will be registered, and the Certificate of Registration will be issued. This certificate provides legal protection for the trademark throughout Canada.
Duration and Renewal of Trademark Protection in Canada
A trademark in Canada is valid for 10 years from the date of registration and can be renewed for multiple additional 10-year periods. Renewal applications should be filed six months before the expiration date, and a grace period is available for late renewals with an additional fee.
Why Choose ASL LAW for Your Trademark Registration in Canada?
Navigating the Canadian trademark system can be complex, especially for foreign businesses. ASL LAW provides comprehensive support, ensuring your trademark registration in Canada is handled with accuracy and in compliance with Canadian intellectual property law.
For businesses expanding into Canada, understanding the procedure of trademark application in Canada is essential for protecting your intellectual property. By partnering with ASL LAW, you can ensure that your trademark registration is completed smoothly, safeguarding your brand across the Canadian market.
ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient, and lawful advice to its domestic and international clients. If we can be of assistance, please email to [email protected].
ASL LAW is a top-tier Vietnamese law firm that provides in-depth legal advice in Vietnam and internationally. If you need any advice, don’t hesitate to get in touch with us for further information or collaboration.
