In Canada the legal basis is the Trade-marks Act of 1953. Trademark protection is obtained by registration first-to-use system for the determination of rights and a first-to-file system with respect to the examination of conflicting applications.
Trademark registration classification: Canada does not currently use any classification system but is in the process of implementing the Nice classification. However, since September 28, 2015, CIPO has begun to accept trademarks applications voluntarily filed with their goods and services grouped and classified according to the Nice Classification.
- The applicant's full name and full address.
- The trade-mark (if it is a design mark, a clear depiction of the mark that can be used for reproduction purposes).
- The wares and/or services to be associated with the trade-mark (like the US, Canada requires a statement of the specific wares and services of interest)
- If color is claimed, the relevant details are required.
- Particulars with respect to any priority claim.
- The basis of the application:
- Whether the trademark been used yet in Canada: yes/no. If yes, the date of first use in Canada (month and year) for each product and service.
- If the trademark has already been filed outside Canada, particulars of the application/registration (a copy is preferred), including the country where filed is required.
- If the filing outside Canada is a pending application or an application filed within the past 6 months:The date of filing and the application number.
- If the trademark has already been registered outside Canada:The date of registration and the registration number.
- The application is filed at the Canadian Intellectual Property Office (CIPO).
- A trademark examiner will review your application and determine if the trademark can be approved for advertisement in the Trade-Marks Journal.
- Once the application has been “Approved” by the examiner, it will be published in one issue of the Trade-Marks Journal. Within two months of the advertisement,others can oppose the application
- If there is no opposition to your application,Upon receipt of the registration fees, the trade-marks Office will issue a certificate of registration for each duly registered trade-mark.
Duration and Renewal:
The statutory exclusive rights begin with the date of registration. A trademark registration is currently valid for 15 years from date of registration. The registration is renewable for additional periods of 15 years.