In this post we talk about:
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.