Green Circle Talks about Cross-border] An Essential Knowledge on How to Register a Trademark in Canada

Canadian Trademarks: Important Information and Registration Guidelines

I. Overview of Canadian Trademarks

A Canadian trademark is a legally protected mark registered in Canada that distinguishes the origin of a product or service. The Canadian Intellectual Property Office (CIPO) is responsible for administering and regulating the registration of trademarks.

II. Trademark Types

1. General TrademarksIncludes text, design, taste, texture, motion graphics, product packaging, sound, smell, 3D shapes, colors, etc.
2. Certified Trademarks: Used to indicate that certain products or services meet specific standards and can be used by more than one person or business under license.

Registration Requirements and Process

1. Prohibition of Registration: first and last names, clear descriptions, false descriptions, geographic names, trademarks that are confusingly similar to other trademarks, etc.
2. Registration Type::

• Trademarks: Indicate the origin and quality of the goods.
• Service Marks: Label the source and quality of the service.

Duration and Renewal of Protection

1. Period of protection: Trademarks are valid for 10 years without additional official fees.
2. Continuing Exhibitions: Apply for renewal within 6 months prior to the expiration date, failure to do so may result in revocation.

V. Trademark Protection and Maintenance

1. Trademark Maintenance: Maintaining the validity of trademarks, including renewals and preventing misuse of trademarks.
2. Trademark ProtectionThe right to use and protect the trademark in Canada and to take legal steps to prevent infringement is granted upon registration.

VI. International Agreements

The Madrid and Nice Agreements were introduced in 2019 to bring Canadian trademark law in line with international standards.

With these guidelines, businesses can more effectively register and manage their Canadian trademarks and protect their brands and intellectual property.