How To Register A Trademark Name In Canada

Trademark rights in canada are established through use.

How to register a trademark name in canada. A trademark registration may be cancelled if someone else in canada has made use of a similar trade name or trademark in the past. When you register your trademark you get the sole right to use the mark across canada for 10 years. Trademark agents by name or geographic location. This means that the person or company that first and continuously uses a trademark inside canada is the one who has preferential rights over it. These challenges frequently impact celebrities wanting to protect their famous name in canada.

Advantages of registering a trademark. Registering a trademark name begins with the trade mark application process in canada consists of a series of stages through which your application must proceed before your trade mark can be entered on the canadian register of trademarks. Search trademarks using the canadian trademarks database. Registering it protects you from competitors ensures your ownership rights in the mark and makes it easier to enforce your rights against copycats. A trademark can protect a combination of words sounds or designs used to distinguish your goods or services from those of others in the marketplace.

To register a trademark in canada you must first file an application that includes a depiction of your trademark and a description of the goods and services you provide using that mark. Certain types of words are inherently difficult to register and should be avoided as discussed below. However in practice it is highly recommended that trademark owners register them. There is no point investing in a trademark you can t register. The canadian intellectual property office cipo examines your application and if it is approved your claim on the mark will be published.

On the other hand once you ve registered your trademark you will have the exclusive right to use the trademark across canada for 15 years they re renewable for 15 years at a time as well as the right to initiate infringement proceedings in either the provincial or federal courts. The role of the. Registering the name of an individual as a trademark in canada poses unique challenges. Registering a trade mark. Currently famous names are only registrable as trademarks if the applicant can establish by way of evidence that the applied for name has acquired distinctiveness 1 or is not without.

Use the goods and services manual to search for acceptable goods and services terms in canada for trademark applications. Avoid trademarks that can t be registered. Consult our list of trademark agents should you wish to hire a registered trademark agent to handle your file. You can renew your trademark every 10 years after that. Fees for trademark filing registration renewal and other services.