Ways to apply for a Canadian trademark
1. Single country application
2. Apply through the Madrid trademark
Obtained trademark rights in about 18 months
The competent authority for Canada trademarks is the Canadian Intellectual Property Office (CIPO).
01 Ways to apply for a Canadian trademark
1. Single country application
2. Apply through the Madrid trademark
02 Materials required for filing of trademark application in Canada
1. Company application: Copy of certificate of incorporation
Individual application: ID card copy with front and back.
2. Applicant's name and address with Chinese and English.
3. A clear graphical representation of the trademark
4. Classes of trademark applications and goods / services (According to Nice Classification)
03 Canada trademark application time
About 18 months. if there are other procedures, then increase the time.
04 Canada trademark application process
1. Application
After submitting the required documents and fees, applicants will get an application receipt within about 1 week.
2. Formal examination
The formal review takes about 15-18 months. The reviewer will review the submitted documents for errors. If the application case does not meet the basic requirements, a correction notice will be issued and must be responded within 2 months.
3. Substantive examination
If there are unregistrable reasons, a reply must be made within 6 months of issuing the notice of rejection.
4. Announcement and registration
After passing the substantive examination, an approval notice will be issued and an objection period of 2 months will be announced. If no objections are raised during the announcement period, the certificate will be issued in about 20 days.
※Notices:
1. The Canada certificate is an electronic certificate.
2. A trademark registration is valid for 10 years form the date of application and could be renewed for 10 years before the expiry date. The renewed date starts from the 6 months before expiration and is graced to within 6 months after the expiration. No need to provide proof of use for renewed.
3. After the trademark registration has not been used for three consecutive years, anyone can propose "abolition" of the trademark, so that the trademark registration is revoked.
05 Madrid trademark application process
1. After the applicant submits the application to the original country, the intellectual property bureau of the original country submits the application to WIPO for examination.
※Because Taiwan isn't an agreement or negotiated country for Madrid trademarks, Taiwan companies or individuals who want to apply for Madrid trademarks need to have the trademark of one of the Madrid Agreement countries as the basic case (usually based on China) before applying.
※Notice: if the basic case is rejected, Madrid trademark registration cannot register.
2. If the application meets the requirements, WIPO will register the trademark in the international register book and publish it. Then, WIPO will notify the office of each designated Party for examination. Generally speaking, since Canada receives the application, the time required for registration is 18 months (Protocol Relating to the Madrid Agreement). The international trademark right is valid for 10 years.
