Trademarks
Canada
Register or renew a trademark
grant_single_labels|summary
grant_single|eligibleFinancing
- grant_single|noCondition
grant_single|deadlines
- grant_single|openingDateJanuary 1, 2023
- grant_single|closingDateMay 31, 2023
grant_single|financingType
Other Support
grant_single|eligibleIndustries
- Professional, scientific and technical services
grant_single|grantors
- Government of Canada
- Canadian Intellectual Property Office (CIPO)
grant_single|status
grant_card_status|open
grant_single_labels|preview
Learn about, search or apply for the registration or renewal of a trademark to distinctly identify your business and protect your intellectual property in Canada and abroad.
grant_single_labels|projects
This guide provides a comprehensive overview for organizations looking to understand, apply for, and manage trademarks in Canada. Activities eligible for support under this initiative are centered around the stages of trademark application and protection.
- Understanding the concept and types of trademarks.
- Filing a trademark application in Canada.
- Registering a trademark internationally under the Madrid Protocol.
- Managing trademark registration, including expungement and renewal processes.
- Ensuring compliance with use requirements in Canada (section 45 proceedings).
- Navigating the transfer of trademark ownership.
- Adhering to marking requirements for registered trademarks.
- Policing trademarks to prevent unauthorized use and maintain brand integrity.
- Avoiding common errors in trademark application and registration.
grant_single|admissibleProjectsExample
$ 750
Madrid Protocol designation for a general partnership exporting crafts
$ 1,150
Trademark registration for a nonprofit educational program
$ 1,000
Trademark opposition for a sole proprietorship fashion boutique
$ 1,000
Trademark registration for a new line of eco-friendly kitchen appliances
$ 500
Trademark retrieval service for a limited partnership tech startup
$ 650
Trademark renewal for a well-established food cooperative
grant_single_labels|admissibility
Eligibility for registering a trademark in Canada requires the applicant to meet specific criteria as outlined in the relevant guidelines.
- The applicant must be a "person," which can include individuals, partnerships, trade unions, associations, joint ventures, or corporations.
- The trademark must not contravene the requirements of the Trademarks Act.
grant_eligibility_criteria|who_can_apply
In order to be entitled to registration of a trademark, an applicant must be a "person". A "person" may be an individual, partnership, trade union, association, joint venture, or corporation. An applicant can include two or more persons, for example "John Doe, Jane Smith".
grant_eligibility_criteria|eligible_expenses
- Electronic trademark correspondence - Trademark application examination fees - Pre-approved List of Goods and Services - Madrid Protocol notification of designation - Registration fees - Renewal fees - General correspondence - Opposition fees - Trademark documents retrieval service fees
grant_single_labels|register
Here are the steps to apply for registering a trademark in Canada:
- Step 1: Search Existing Trademarks
- Search the Canadian Trademarks Database to check for existing similar trademarks.
- Consider trademark similarities in spellings, including translations.
- Step 2: Prepare Application
- Gather necessary information: name, mailing address, trademark representation, and description.
- List goods and services using specific and ordinary commercial terms according to Nice Classification.
- Prepare to include the application fee payment method.
- Step 3: File Application
- File your application online or send a completed application and fee by mail to the Office of the Registrar of Trademarks.
- Step 4: Application Review
- The Registrar reviews the application for completeness and assigns a filing date.
- Step 5: Examination Process
- The Office examines the application, checking for conflicts and compliance with the Trademarks Act.
- Respond to any objections raised by the examiner.
- Step 6: Pre-Publication Search
- The Office conducts a pre-publication search for any new conflicting trademarks.
- Step 7: Publication
- The application is published in the Trademarks Journal for the public to review and oppose within a set period.
- Step 8: Opposition
- Handle any oppositions filed against the application and respond accordingly.
- Step 9: Registration
- If no opposition, or opposition is resolved in your favor, the trademark is registered.
- Receive a certificate of registration.
grant_single_labels|otherInfo
Here are additional relevant details for understanding trademarks in Canada:
- Trademark registration is valid for 10 years and can be renewed indefinitely every 10 years.
- Registering a trademark grants you exclusive rights to use it across Canada, helping to prevent legal disputes over its use.
- Unregistered trademarks may be protected under common law rights, but can lead to complicated legal challenges.
- Some types of marks that are generally unregistrable include names, clearly descriptive or deceptively misdescriptive marks, and certain geographical locations.
- A trademark can be expunged from the register if it's not used or if it loses its distinctiveness.
- It's advisable to search both trademarks and trade names databases to avoid potential infringements.
- Consider hiring a registered trademark agent for assistance, especially in complex situations.
- International protection of trademarks requires separate registrations in each desired country, often conducted under the Madrid Protocol.
