Starting a business in Canada implies a few mandatory steps and a few not mandatory ones. One of the first steps related to company incorporation is to choose a trade name for the company which triggers the non-mandatory procedure of registering it as a trademark in Canada.
Trademark registration in Canada is quite common, as many companies here come up with innovative ideas they do not want to be used by third parties without prior consent or even pass them as their own.
Below, our Canadian consultants explain how the trademark registration procedure can be completed. We can help those who want to register trademarks in this country. We also offer company formation services in Canada.
Intellectual property legislation in Canada
The trademark falls under the Trade-marks Act in Canada which was enabled in 1985 but also on a more recent law – the Combating Counterfeit Products Act – which was enacted in 2015.
Under the Trade-marks Act, a trademark can take the form of a word, number, symbol, design or a combination of any these which is used to describe a product or a service. The trademark is used as a distinctive sign for the product or services of a Canadian company or even person.
All Canadian trademarks are registered with the Trademarks Office within the Canadian Intellectual Property Office of Industry Canada.
There are several types of trademarks which can be registered in Canada, among which:
- regular trademarks;
- certification marks;
- proposed trademarks;
- distinguished guises.
It should be noted that certain Canadian provinces have separate regulations on trademark registration, however, these are not very different from the national ones.
There are also words and symbols which can not be used for trademark registration and our company registration agents in Canada can advise on this aspect. We present you a short video with details about intellectual property and trademarks:
Steps for trademark registration in Canada
In order to register a trademark in Canada, an individual or a company must complete a set of steps. These are:
- filing the application for trademark registration which must contain specific documents with the Trademarks Register;
- the initial examination of the application submitted with the Trademarks Register which can take up to a few months;
- the approval of the application, if no conflicts have been found during the examination of the Trademarks Office;
- the advertisement of the trademark in the Office’s Journal, this step can also take a longer period of time;
- the allowance of the trademark registration after 2 months from the advertisement, if no objection was filed;
- the registration of the trademark which is based on the payment of a fee with the Office.
The registration procedure of a trademark in Canada can take up to a few months because of the period which must be secured in case objections appear. For this purpose, Canadian companies and individuals must consider starting the application procedure as soon as possible.
In the case of companies registered their names as trademarks, the uniqueness of the name will first be verified by the Trade Register. Our company formation advisors in Canada can help with the registration of a trade name for your company.
You can count on our lawyers in Canada for assistance in registering a trademark.
Documents for trademark registration in Canada
As mentioned above, the application for trademark registration in Canada implies a set of documents to be prepared. The application file includes:
- the name and address of the applicant, no matter if this is a company or an individual;
- a description and a graphic representation of the sign to be registered as a trademark;
- a description of the goods or services to be represented by the trademark to be registered;
- a declaration of intention or a declaration of use of the trademark to be registered;
- proof of payment of the registration fee, which depends on whether the application is filed electronically or in paper format.
Our company registration agents in Canada recommend those who want to register trademarks to first research the marks they want to use.
How long does it take to register a trademark in Canada?
When seeking to register a trademark in Canada, one should consider the following:
- the application filing date will be issued within 7 to 15 days;
- the initial examination can take up to 3 or 4 months;
- the advertisement and the allowance phases can take up to 2 months;
- the actual registration can take up to 6 months from the allowance.
Another aspect to consider is that if any objection is filed, the procedure can take up to 18 months. The validity period of a trademark is 15 years; however, Canadian legislators are considering reducing this period to 10 years.
If you need help in trademark registration in Canada, please contact us.