Our today’s blog post provides an overview of trademark regulation in Canada. The information contained in this article is for guidance only and does not constitute legal advice. If you have any questions of a legal nature or how the law is applied in a particular situation, we recommend that you order a consultation on TM registration in Canada from our specialists.
The process of TM Registration in Canada
Before you apply for brand registration in Canada, we recommend that you sign up for a consultation on obtaining a trademark license in Canada by contacting our experts.
The acquisition of TM rights in Canada is controlled by the Intellectual Property Office. Any person or legal entity can apply for a TM registration in Canada. A key change under recent amendments to the Law on Trademarks is that applicants are no longer required to provide a basis for their application. No presentation is required for a character that is a word or words not shown in a special form. The application can be submitted electronically. The regulator neither requires any searches for trademarks.
However, it is always advisable for the applicant to conduct their own searches before entering the market. Also, the regulator will no longer object to statements declaring co-owners of trademarks.
By contacting our company, you will receive assistance in preparing documents for registering a Canadian TM
Registration takes effect from the moment the registration certificate is issued, after the closing of the opposition period (if there is no opposition) or after the completion of the opposition (including appeals).
When deciding to obtain a TM registration certificate in Canada, pay special attention to the following information. The ® or MD (marque déposée) symbol can be used to denote a registered trademark. The ™ or MC symbol is used to indicate a registered or unregistered trademark. The labeling is optional, but it can promote public recognition of the mark and can also deter competitors from using your trademarks.
Unregistered and well-known TMs
Unregistered TMs are protected by common law. They can be used as a basis for countering registration applications.
Registration of a recognised foreign brand in Canada is not subject to special rights or protections. However, the reputation of a mark is an important factor to avoid mixing with other marks.
Associated IP rights
It is possible to obtain copyright protection for the design of a mark in Canada if the conditions set forth in the Copyright Act have been met.
It is also possible to obtain TM protection as an industrial design in Canada, that is, to protect the visual features of the configuration, ornament, any combination of these features applied to the finished product. An industrial design application must be filed within one year of the publication of the design in the jurisdiction.
You will receive more detailed information during the consultation on the enforcement of IP rights in Canada with the solicitors of our company.
The Canadian Internet Registration Authority administers the .ca national Internet domain. One can resolve a TM dispute in Canada (or domain name dispute) through an arbitration mechanism. It is also possible to seek justice from the Federal Court or provincial supreme courts on the basis of a violation of existing TM rights.
Canada has actively supported the move to stop the turnover of counterfeit goods, whereby the owner of one or more registered marks can register those rights with the Canadian Border Agency. This gives grounds to detain goods for up to 2 weeks. However, the jurisdiction has not yet developed procedures for the destruction of counterfeit goods.
TM dispute resolution via ADR in Canada
The parties to the dispute can voluntarily participate in mediation. The Federal Court of Canada provides judges and litigation officials with mediation in Canada in Federal Court disputes, with often successful outcomes.
Your TM distinguishes your products and services from those of your competitors. If you are planning to develop a business in Canada, then trademarking in Canada is a perceived need.
The IQ Decision UK team has a wealth of experience and knowledge, and established contacts with authorized representatives of other countries. We provide professional assistance in obtaining a TM registration certificate in Canada.
If you want to register a brand but have no idea which country to choose, our experts provide assistance in selecting a jurisdiction for TM registration, depending on the specifics of your business.