Canada IP Services

When a purchaser can recognize your brand amid the many other brands available on the market, it is a sign of a successful business. Consumers can instantly recognize our goods because of the distinctive brand name you develop. Isn’t it crucial that you safeguard such priceless trademarks that greatly enhance the worth of your company?

A person in Canada has more rights to a certain mark if they consistently utilize it within Canada. However, registering a trademark is the best course of action when your company gets hit with an infringement charge.

The proper filing of your Canadian trademark application can help you save a lot of future hassle and wasted time. The application should ideally be prepared and filed by a qualified trademark agency. Selecting the kind of mark to register and defend should be your first fundamental step.

Trademark Registration process

An application has to be filed at the Canadian Intellectual Property Office (CIPO) by the Innovation, Science and Economic Development Canada. A multi-class application can be filed.

Once the CIPO has accepted the application, it will assign a filling date and an application number. Also, the application will be entered into the Canadian Trademarks Database. Afterward, an examiner will review the trademark application for its registration; the applicant will receive the examination report within 15 to 18 months from the date of application. If there are any issues with the application, the examiner will notify the applicant to do the required corrections within 6 months after the notification or office action.

Once the application has been approved, the CIPO will publish it in the Digital Trademarks Journal for opposition purposes. If no opposition or opposition is rejected, the trademark application will proceed to its registration. The CIPO will send the certificate to the registrant within 20 days, and the trademark will be input into the Official Register.

Period to Oppose: Third parties affected by the application can file an opposition within 2 months from the publication date. The Trademarks Opposition Board will notify the applicant by sending a copy of the statement of opposition. Hence, the applicant can reply within 2 months.

Trademark Validity: In Canada, trademark registration is valid for 10 years from the date of application and renewable for 10 years. If the registrant fails to do it, the trademark will be deleted from the Register of Trademarks.

Requirement of Use

Trademark registration can be deleted for non-use of the trademark. And any third party can request a cancellation for non-use according to Section 45 of the Trademarks Act. The CIPO will notify the registrant, and from that date, they can respond within 3 months.

Thus, one of the owner’s responsibilities is to use the trademark in Canada for the last 3 years. However, they can prove special circumstances if the trademark has not been used in the said period.

Therefore, it is important that the registrant of the trademark owner has to present files and serve evidence, such as affidavits or statutory declarations at the CIPO.

Register Your Canadian Trademark with Brealant

For company owners with many other concerns, trademark registration in Canada is grueling and intimidating. Our trademark experts are well-versed in Canadian trademark law. At Brealant, we constantly think about and use trademarks. Our simplified technologies and skilled trademark specialists enable us to take on the burden of registration on your behalf.

Our service includes free trademark search, trademark filing, all government fees, the appointment of a local agent (for overseas applicants), and monitoring of the application until completion. Our fees do not include responding to office actions or opposition (if either event occurs).