Trademark registration in Canada, trademark search in Canada, trademark protection in Canada

• Trademark Search in Canada
  
  Trademark search conducted by our patent attorneys will secure a successful trademark registration and a better trademark protection.
• Trademark Registration & Trademark Certificate in Canada
  
  Trademark registration done by our trade mark attorneys will help you obtain the best trademark protection. Our trade mark attorneys will register your national trademarks, WIPO - international trademarks and CTM - european trademarks.
• Trademark Renewal in Canada
  
  Trademark renewal in due time is essential for preservation of the trademark protection.
• Trademark Certificate (when requested separately) in Canada
  
  Trademark certificate proofs trademark ownership.
• Appeal Against a Final Refusal in Canada
  
  Appeal against a final refusal

Trademark Registration in Canada: Requirements and Procedure

Trademark registration requirements in Canada:

- No power of attorney is required.
- Design of the trademark in JPEG format in case of a graphical trademark (not required for word mark).
- The detaliation of goods and/or services for witch the trademark will be registered or the classes in case they are known.
- Details of the trademark owner (name, address, registration number).
- Invoicing details (name, address, fiscal number, registration number).
- Application will be based on one of the following:
1. The mark is already in use in Canada, please give date of first use.
2. Home registration and use outside Canada, kindly provide with details and certified copy of registration certificate (can be filed before allowance with additional late filing fees). If country of origin is the United States, state whether the registration is on the Principal or Supplemental Register.
3. Application to be filed on intend to use, in this case a Declaration of Use must be filed before the allowance. Depending on many factors, the deadline to file the declaration of use could be up to 3 years from the date of the application filing. Normally it is possible to get up to 6 extensions of 6 months each.

There are exceptions concerning the evidence of use filing requirement, such as the priority claim. However, in this case a third party could take actions to cancel the trademark based on des-use. If a priority is claimed, please provide information related to the previously filed trademark, in order to benefit of the priority date. In case of claiming priority, please give details of it, copy is not required. 

Trademark registration procedure in Canada:

A decision was issued as of 10 May 2005 by Federal Court of Appeal has made Canada the first to file country instead of the first to use in Canada, regardless if priority if claimed. The registration procedure lasts 30 months. After application, the trademark is published in the Trademarks Journal. The opposition period is 2 months from publication. After the trademark has been accepted, the applicant has the guarantee of being able to obtain its registration upon payment of the final fees and fling the declaration of use. The protection lasts 15 years from the filing date.

Other trademark procedures in Canada:

Renewal: The renewal may be done before the expiry date. For the renewal there is no specially required document.
Changes: For changing the name or the address we need the certified document attesting the change of name and address.
Assignments and License: For the assignment we need the assignment document signed by the assignor. Assignment may be done with or without Goodwill. Pending application may be assigned.
Use: The non-use for 3 years following registration makes the registration vulnerable to cancellation; intent-to-use applications may be field in Canada.

OTHER SERVICES:

1. Market watch for national, international and community trademarks that are registered in this country.
2. Translation services.
3. Valuation services and notoriety studies.

Trademark legislation of Canada

You may request our services by sending to us a mail to office@intellektus.com.