Trademark registration in Canada | iGERENT
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Trademark registration in Canada

Trademark Search
in Canada

Determine the probabilities your trademark has of being successfully registered in Canada

First Class

$100

Additional Class

$80

*The prices mentioned are for wordmarks

All fees included

Trademark Application
in Canada

Apply to have your trademark registered in Canada

First Class

$690

Additional Class

$180

Final fee for registration

Not applicable in this jurisdiction

All fees included

PRICE NOTES

The prices expressed are in USD.

Search report Delivery time: 5 business days.

Application Approximate process duration for straightforward cases: 12 to 18 months.

The prices expressed are for straightforward cases and include all official and professional fees. The prices do not include responses to office actions (e.g. examiner’s refusal), defenses from third party pre- or post-registration oppositions or responses to cancellation actions.

Final Fee for Registration The amount to be paid may vary. Price will be that expressed for the service at the moment when such is required or due.

Watch Service will be activated within 72 hours after payment has been cleared. Service is for 365 days.


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Recommendations and information about trademark registration in Canada

In July 2019 the Canadian trademark system underwent drastic changes. The trademark rights in Canada in the past were established through use, now trademark rights in Canada are established through registration. Canada is now a first-to-file jurisdiction. This means that the person or company that first registers a trademark in Canada is the one who has preferential rights over it.

In the past a declaration of use had to be presented in order for the trademark to register. This is no longer a requirement in Canada. A trademark can be registered successfully before it is actually used within the Canadian market.

Trademarks in Canada are registered through the Canadian Intellectual Property Office (CIPO).

Please note that by default, applications including a logo will be filed without color claim. This allows the trademark holder to use it in any combination of color. Upon request it is possible to claim color as a feature of the trademark. This will restrict its use to the colors claimed in the trademark application.

If you register a combined trademark (which includes both word elements and figurative elements) in Canada, the exclusive right to use the trademark is limited to a use of the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.

Nevertheless, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to oppose the application based on confusing similarity. Probabilities of success for an opposition will vary in each case depending on the circumstances.

Opposition actions against a trademark application must be presented within two (2) months from the date on which it is published in the Canadian trademark journal. The period to oppose a trademark may be increased to three (3) months upon payment of an extension fee.

Once the trademark has registered, the Canadian trademarks office will issue a digital certificate of registration. No hard copy of this certificate is issued.

Trademarks filed after July 2019 that are successfully registered in Canada will remain so for 10 years. Trademarks may be renewed every 10 years. If a trademark expires it may still be renewed during the grace period of 6 months after the expiration date.

If a registered trademark is not used for period of more than three (3) years, third parties may present cancellation actions on the ground of non-use. In certain circumstances non-use may be justified.

Canada is a member state to the Madrid Protocol. Thus, the extension of an international registration of a trademark via the Madrid System is possible for this country. For further information regarding our services for trademark filing through the Madrid System click here.

Canadian domain extension .CA: Persons or companies that are not nationals or residents of Canada as a general rule may not register a .CA domain extension (ccTLD). However, having a registered Canadian trademark will allow for foreign nationals and entities to register their .CA domains, irrelevant of whether or not they reside or have offices in Canada.

Check our blog for some tips on how to register a trademark in Canada.

 

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FAQ

trademark registration in Canada

Presenting a Declaration of Use (DOU) of a trademark is mandatory.

Canadian trademark law requires that a DOU be presented during every trademark application process. If a Declaration of Use is not presented when required, the trademark will be deemed abandoned.

What does the Declaration of Use (DOU) consist of?

The DOU consists of a statement from the trademark owner indicating when the trademark was first used in Canada for the goods and services for which it was filed.

When will the Declaration of Use (DOU) need to be presented?

The DOU will need to be presented six (6) months from the date of the government-issued Notice of Allowance of the trademark or three (3) years from the date of filing in Canada.

Can an extension of time be requested for presenting a Declaration of Use (DOU)?

Yes. An extension of time may be granted and the length of this extension will depend on the circumstances (minimum six months). Reasons must also be given which justify why the declaration was not presented in the initially prescribed timeframe. A maximum of 6 individual extensions may be granted; please be aware that an extension of time has associated costs.

A registered trademark grants exclusive nationwide use: Registering your trademark grants you protection and the exclusive right to use your trademark in connection to the products and services for which you have registered in a determined country or territory. As a registered trademark owner you can take legal action against anyone who uses your brand without your permission, including counterfeiters.

A registered trademark serves as a deterrent against third parties that would otherwise use identical or confusingly similar trademarks for identical or similar goods or services. In most countries the prior existence of a considerably similar registered trademark is grounds for government offices to refuse a subsequent registration. Furthermore, trademark owners have the right to oppose similar trademarks from being registered. 

A registered trademark grants one the right to use the ® Symbol: Upon registration you will be able to use this symbol in order to demonstrate that your trademark has been registered and is enforceable by law. It also serves as notice to competitors that you are serious about protecting your trademark rights. Such right is limited to the countries in which the trademark is registered.

It is illegal and punishable by law to use this symbol if your trademark has not been registered; fines and penalties vary depending on the jurisdiction. The use of the ® symbol in some countries is also obligatory if a trademark has been registered in order to be able to present legal actions or remedies against a third party that uses a trademark without the owner’s consent.

A registered trademark is necessary to enlist help from countries’ Customs Service (Customs and Border Patrol): if a trademark has been registered, actions can be taken in order to request local customs services to prevent the entering or exportation of goods that use an identical or confusingly similar trademark.

Priority for subsequent applications: The first application for a trademark will grant the holder the right to subsequently claim priority when applying for an identical trademark in the vast majority of countries in the world, for a period of 6 months. If priority is claimed inside the period of 6 months from the first application, the subsequent applications will be considered as having been presented on the same date as the application in the first country. This is important in case there are conflicting trademarks that were filed after the first application.

 

For more information regarding Priority please visit our General FAQs

If you are investing time and money in order to differentiate yourself and your products or services from other traders, make sure that other trademarks that may take advantage of your market placement are not admitted for registration.

The first step to do so is to stay alert. Our Watch Service will have experts continually monitoring newly published trademarks, alerting you if any of them may eventually affect your rights. Being alerted on time will allow you as a trademark owner to decide whether or not opposition actions should be presented.

Our trademark watch services can be ordered on a yearly basis for a specific country, region or even worldwide.

Trademark Watch Alerts will be sent to your email, including information of the conflicting trademark, such as the trademark itself, the class for which it is being registered, the details of the applicant and the deadline to present legal actions intended to stop the trademark from being registered.

Different countries have different requirements and time frames when it comes to trademarks. When working with iGERENT, a trademark consultant will be assigned specifically to you, and will assist you with whatever trademark related services you require. Along with advising you, your consultant will continuously monitor your trademark processes, keeping you up to date with any developments. Regardless of the amount of countries in which you have services being processed, you will be able to monitor any advances through your online account, or by contacting your assigned trademark consultant directly.

Regardless of which country or countries you are ordering trademark services for, all payments will be made through our online portal. Our online portal allows easy and safe payment to be made via PayPal, by major credit cards such as Visa, American Express, MasterCard and Discover, and even Bitcoin. If you like, you may also pay directly via wire transfer* (bank transfer) to our US bank account.

*Clients that pay via wire transfer (bank transfer) are eligible to receive a 5% discount.

Trademark Watch
in Canada

Make sure that you are alerted when a conflicting trademark to yours has been published in Canada

Local

First Class

$270

Additional Class

$210

Regional

First Class

$480

Additional Class

$380

Global

First Class

$610

Additional Class

$460

Note: Service will be activated within 72 hours after payment has been cleared. Service is for 365 days.

Trademark Renewal
in Canada

Your trademark registration is about to expire? Our expert attorneys will assist you with the renewal process to maintain the protection of your trademark. Learn more about the timeframes, prices and requirements.
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Additional trademark related services offered by iGERENT

Trademark assignment
You need to transfer ownership of a filed or registered trademark? Our expert attorneys will assist you with the assignment process, from the drafting of the deed of assignment to the filing of the change of owner with the country's trademark office.
Trademark office action
Your trademark application has received an office action? Our expert attorneys will provide advice and will help with the defense, from the review of the case to the filing of the defense with the trademarks office. We can help you with objections to local trademarks as well as objections received via WIPO (international trademarks).
Trademark opposition
A third party has filed an opposition against your trademark application? Our attorneys can advise you, evaluating the information and evidence you can provide, determining the chances of success and preparing and filing the defense with the trademarks office.
Trademark holder change of address
You or your company changed your address? With us, you can register the change of domicile with the trademarks office in an easy and straightforward way. Our attorneys take charge of everything.
Trademark holder change of name
The company that owns your trademark has changed its name? It is necessary to update the holder's details registered with the Trademarks Office. Our attorneys will let you know what documentation must be provided and will request the change with the relevant authority.
Control Border Patrol
Your company exports goods that are trademarked? Avoid the arrival of falsified or counterfeit products in those markets in which your trademark is registered. Our attorneys will help you protect your rights with the control border patrol.