The process of Canada trademark registration can be time consuming and complex without the professional guidance of a trademark attorney or professional consultancy firm. It is therefore advised that all trademark owners seeking registration in the territory of Canada, seek assistance from a qualified industry professional.
Trademark registration in Canada
Canada trademark registration is sought by applying directly to the CIPO – Canada Intellectual Property Office. This intellectual property office is responsible for accepting, reviewing and issuing trademark rights within Canada.
CIPO has the scope to determine whether an application for registration is approved or denied, based on the grounds of the mark being unique, available and distinctive from other competitors’ marks. Where approval is granted from CIPO, the owner of the Canada trademark is given exclusive rights of ownership over the mark.
It is obligatory for all marks to be available, meaning that it cannot already be in use or registered on the Canada trademarks database. In addition, the mark cannot be offensive, immoral, or confusing to the general public.
Trademarks registered in Canada are valid for a period of 15 years from the date of registration. It is paramount that the mark is used in compliance with the relevant Canadian Trademarks Act to ensure the owner has the right to renew their rights once expiry occurs. The purpose of the Canadian Trademarks Act is to provide a level of protection for the mark owner against third parties and competitors from using the mark without their expressed permission to do so.
Where a registered mark is being used without consent, and where infringement occurs against a Canada trademark, the owner of the mark has the legal right to seek an appropriate remedy in a court of law. Where the registered owner brings a court action forward, the onus is placed on the infringing party to prove they acted in good will when using the mark.
See how Starting Business can help you with your Canada Trademark Registration.