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Filing Requirements:

Trademarks: Canada


  Trademark Filing Requirements:
  1. Details of the applicant.

  2. Details of the mark with description of worlds.

  3. If the mark is a design, we need two black and white drawings on sheets exactly 2-3/4 inches x 2-3/4 inches or 7cm x 7cm.

  4. List of goods with which the mark is associated.

  5. The date of first use in Canada or advise that the applicant intends to use the mark in Canada.

  6. Power of attorney is not required.

  7. In case of claiming priority, please give details of it, copy is not required.

Application will be based on one of the following:

  1. The mark is already in use in Canada, please give date of first use.

  2. Home registration and use our side Canada, kindly provide with details and certified copy of registration certificate, (can be filed before allowance with additional late filing fees).

  3. If country of origin is the United States, state whether the registration is on the Principal or Supplemental Register.

  4. Application to be filed on intend to use, in this case a declaration of use must be filed before the allowance.

A decision was issued as of 10 May 2005 by Federal Court of Appeal has made Canada the first to file country instead of the first to use in Canada regardless of priority if claimed.

 

  Renewal Requirements:
  • No special document is required.

 

  Change of Name / Address Requirements:
  • Certified document attesting the change of name and address.

 

  Assignment Requirements:
  1. Assignment document signed by the Assignor.

  2. Nominal consideration should be included.

  3. No tax implication, no stamp duty, with or without Goodwill, pending application and unregistered marks may be assigned.

 

  Searches:
  1. Method of search: Conducted manually and by computer on a private database and the official database.

  2. Time to be taken: 1 day.

  3. Contents: Search report includes information of prior marks hit by the search and comments on similarity between the subject mark and each relevant prior mark.

  4. Other: Necessity of use search on prior marks should be judged case by case.

 

General Information:

Classification of Goods / Services: No classification, multi-class filing.

 

Claiming priority under Paris Convention: Yes.

 

Filing International Registration under Madrid Agreement: No.

 

Filing International Registration under Protocol to Madrid Agreement: No.

 

Registerable: Trademarks, service marks, commercial marks, certification marks, slogans, 3D marks, sound marks and certification marks.

 

Time until issuance of registration: 30 months.

 

Registration Duration: 15 years from filing date.

 

Publication: After application, in the Trade-Marks Journal.

 

Renewal application: before expiry.

 

Opposition period: 2 months.

 

Use: Non-use for 3 years following registration makes the registration vulnerable to cancellation; intent-to-use applications may be field in Canada.

 

 


 

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