Canada Trademark Registration

The process of registering a trademark in Canada includes several key steps, all covered by our "Trademark Application Filing" service:

Your trademark registration is valid for ten years from the registration date. You must renew it every ten years to maintain protection. We will notify you when renewal is possible.

"Claiming priority" is a process under the Paris Convention, an international agreement that allows trademark applicants to use an earlier filing date from one member country in another member country. If you file a trademark application in one member country, you can use that filing date for a new application in another member country, as long as you file the new application within six months of the original one.

You can claim priority for a trademark in Canada if you've applied for the same trademark in another Paris Convention member country within the last six months. This means your Canadian application will be considered as having the same filing date as your original application, which can be beneficial if there are competing applications or potential trademark disputes.

Yes, you can cancel a registration for the following reasons:

• The mark is not distinctive
• The mark is misleading or disparaging
• The mark is functional
• The mark is generic
• The mark includes a geographical indication
• The mark contains an emblem or badge
• The mark is prohibited in the jurisdiction
• The mark has been abandoned
• Other reasons based on specific circumstances

Yes. When you have a registered trademark, you gain the following rights:

• Exclusive right to use the trademark
• Ability to oppose other trademark applications that might conflict with yours
• Right to cancel conflicting trademark registrations
• Right to take legal action against others who use similar marks
• Ability to license or permit others to use the trademark
• Right to claim damages from those who infringe on your trademark

The cost to file a trademark application in Canada depends on the type of trademark and the number of classes you choose.

For "Word Mark," "Figurative Mark," or "Combined Mark" trademarks, the fee is USD $499 for the first class and USD $199 for each additional class. These fees cover all charges from the Canadian Intellectual Property Office (CIPO).

If your application is challenged by an examination officer, you'll need to respond. The response cost varies with complexity, typically ranging from USD $70 to USD $150. If your trademark faces opposition, a response will also be necessary.

The number of trademark applications you should file depends on your mark's features, your budget, and the level of protection you desire in Canada.

If your trademark has unique text and design elements (like graphics or logos) and you want to protect both, we suggest filing two trademark applications: one for the text alone (as a "Word Mark") and another for the combined text and design (as a "Combined Mark").

Filing two trademark applications offers several benefits:

• Wider and stronger protection: If someone else files a "Combined Mark" with similar text but a different design, their mark might still be registered if you only filed a "Combined Mark" and not a "Word Mark." This is because their mark is seen as different from yours overall.

• Protection for logo changes: Companies often change their logos. If you only file a "Combined Mark" and not a "Word Mark," your updated logo won't be protected. You must use your trademark exactly as registered, or it could be canceled.

• Complete verbal and graphic protection: Filing a "Word Mark" gives you more flexibility to use your mark in different styles, like stylized text or various designs (as long as they aren't too similar to others' registered trademarks). At the same time, filing a "Combined Mark" protects your design elements.

If your trademark also includes a slogan or a unique design symbol, consider filing separate applications for each to ensure extra protection.

Yes, there are benefits:

• Show that your mark is unique compared to others
• Prevent challenges to your trademark for being too generic or not unique
• Gain common law rights based on reputation, applicable wherever the mark is recognized

After filing a trademark application in Canada, it goes through several stages: Publication, Examination, Prosecution, and Opposition.

• Publication – The application details are made public and available online. This includes the applicant's name and address, the trademark itself, application date and number, priority claim, goods/services, date of first use, and trademark representation.
• Examination – Authorities review the application to ensure it meets all requirements. They check the mark for clarity, descriptiveness, distinctiveness, deceptiveness, conflicts with earlier applications, and other relevant criteria.
• Prosecution – While the application is under review, the applicant can use the filing date for priority purposes.
• Opposition – Third parties can challenge the application on grounds such as copyright infringement, proprietary rights, descriptiveness, bad faith, etc.

"Claiming priority" is a process under the Paris Convention, an international agreement that allows trademark applicants to use an earlier filing date from one member country in another member country. If you file a trademark application in one member country, you can use that filing date for an application in another member country, as long as you file the second application within six months of the first.

You can claim priority for a trademark registration in Canada if you've applied for a trademark in another Paris Convention member country within the last six months. By doing this, your Canadian application will be considered as having the same filing date as your original application, which can be beneficial if there are competing applications or potential trademark disputes.