Registering a Trademark in Canada

Which kind of trademarks can be registered in Canada

Shall be registered as mark signs, letters, words, numerals, design, colors or combination thereof, sounds and, in certain circumstances, three-dimensional trademarks.

Trademark filing and registration of a trademark in Canada

After the filing, the Examining Attorney makes a complete review of the mark, including a search for earlier conflicting marks; most reports raise issues as to the respecification of the wares/services.

If the Examiner finds some obstacles to the registration, an office action is issued. It is possible to reply to the office action within 6 months (it is possible to ask for a further period of six months, if needed) or the application will be declared abandoned.

In the event no office action is issued by the Examining Attorney, or in case you have overcome the refusal, trademark application will be published in the Trademark Journal.

Third parties will have two months from the publication date to file an opposition to the registration.

2019: Canada adheres to the Nice Classification

With the amendments to the Canadian Trademark Law (effective as of 17 June 2019), Canada may be designated by international registration. This means that it will be finally possible for many Italian companies having their business in Canada to request the protection of their brand through the international registration: the holders of already registered international brands will be able to designate Canada through subsequent designations and will also benefit from this change.

Other important change will be the adherence to the Nice Classification.

Validity and duration of a trademark in Canada

From 2019 the registration of a trademark is subject to renewal within a period of 10 years from the date of registration.

Trademark registration is subject to cancellation in the event of non-use for three consecutive years.

Eva Troiani law firm is at your disposal for further information on how to register your trademark in Canada.

Summary

Service Type

Registering a trademark in Canada

Provider Name

Lawyer Eva Troiani,

via Pasquale Revoltella, 35,Rome,Italy-00152,
Telephone No.+390658233422

Area

Registrazione e tutela dei marchi d'impresa

Description

Canada has not adhered to the international trademark conventions. You can register a trademark only with the Canadian trademark application filing. In this article, however, we give you some information on the filing and registration procedures.