Canada Trademark

canada trademark

Starting Business can offer a reliable and experienced service for those seeking to register a Canada trademark. Our consultants are highly experienced in all areas of intellectual property law and can help you throughout the trademark registration process.

Canada Trademark Requirements

The trademarks registry in Canada is known as the Canadian Intellectual Property Office (CIPO) and has the primary responsibility for administering and processing applications of Intellectual Property within Canada. The CIPO registers trademarks in Canada only, meaning the mark does not belong to the owner in countries outside of Canada.

The validity period of a Canada trademark is 15 years from the date of registration. On expiry the trademark can be renewed every 15 years thereafter.

All applications for a Canada trademark are to be made to the Trade-marks Office and should include the competed application form, fee and a full representation of the mark to be registered.

Canada Trademark Law

Canada trademarks are governed by the Canadian Trademarks Act which aims to protect marks from fraudulent and infringement activity. Canadian trademarks are also protected at common law level through “passing off”. The types of marks protected under the Canadian Trademarks Law are as follows; distinctive marks, certification marks and distinguishing guises.

The Act provides that the owner of a Canada trademark has exclusivity over the mark, with the right to sue any party which infringes their right. The owner also has the right to allow usage of the trademark to others. One of the main benefits of registering your Canada trademark is the level of protection awarded to the owner. In cases of dispute, the onus is on the defendant to prove their right to use the mark, not on the owner.

Trademark Registration with Starting Business

Starting Business can provide comprehensive consultation, from assisting you with the initial trademark search to administering the relevant documentation of your mark’s registration. We are experienced in all aspects of Canada trademarks from design, search, and to ensuring successful trademark renewals are submitted in a timely manner.

For further information on how Starting Business can assist you, use our Contact Form.