The Trademark registration process in Canada though much simpler and more straightforward than the US, can take anywhere from 18-24 months. There are 'no use' requirements before a trademark is filed, however, it must be used as in many other countries, to make sure it’s not challenged and canceled and must be renewed every 15 years.
There are important distinctions that should be know between a company name, business name, and trademark.
- Company name: Legal name of the company, registered provincially or federally (Note: a company may own more than one brand and do business under more than one name )
- Business name: Name under which you conduct your business. (Ex: Skype which is owned by Microsoft)
- Trademark: A trademark may be one word, a combination of words, or logos
Differences between U.S. and Canada Trademark Registration
In Canada, the criteria for 'using' the trademark is simply selling your products with your trademark being displayed either on the actual products or on the packaging, while the criteria for 'using' the trademark for services, means advertising the mark in Canada or performing the services in Canada.
The US and Canada trademarks have similar trademark application requirements. However there are some important differences. In Canada:
- An applicant pays the same filing fee regardless of the number of goods or services
- Recently started accepting applications for non-traditional types of trademarks
- A single trademark register is used
- Renewal procedure is every 15 years
- Cant divide ‘intent use’ and ‘use'
- Opposition period is two months
- 18 months from for application
- More lenient for time extensions
- Official trademarks are available
Trademark Registration Requirements
- Name and address of the individual or company
- Trademark name or logo
- Provide a list of products or services you plan on selling
- Provide details on whether the trademark been used in Canada. If yes, the date of first sale for each product or service
Trademark Application Process
Step 1 - Trademark search
Step 2 - Application is filed electronically
Step 3 - After 6-8 months the trademark is either approved or needs revision
Step 4 - Your trademark is approved and ready for publication
Step 5 - Trademark is published for opposition for a period of 2 months
Step 6 - Final registration is paid and the declaration of use is submitted within 4 months after publication
Step 7 - Usually around 18 months after filing you will officially be registered with your trademark
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