CANADA

• Kinds of Trademarks registrable in CANADA

  • Following indications may be used as Trademarks in Canada:

    • Names & Surnames
    • Words
    • Sound Marks
    • Drawings
    • Designs
    • Colours
    • Wrapping, Packaging
    • Combination of the above Combination of all of the above.

    Types of Marks registrable:

    1. Collective marks
    2. Certification marks
    3. Marks for non-commercial purposes
    4. Service marks – Well Known marks
• Requisites for a Trademark to be registrable in CANADA

  • The mark should be able to identify and distinguish goods/ services of the applicant from those of the others.

    Hence trademarks must contain the following essential requirements to be registrable in Canada:

    • Distinctiveness
    • Non-descriptiveness of the goods and / or services
    • Not be a well known term in the line of business, trade channels of the applicant
    • Not be same / similar / identical either visually and/or phonetically to prior registered / pending marks.
• Kinds of Trademarks not registrable in CANADA

  • Applicants should bear in mind that the following will not be registrable as Trademarks in Canada:

    1. Trademarks that do not represent a mark as set forth by law.
    2. Trademarks related to public property or are not distinguishable.
    3. Symbols that represent the form or cover of goods if its nature, function or packaging required thereof as an intrinsic part.
    4. Trademarks contrary to public order or morals as well as those the use of which is prohibited under the national law, or bilateral or multilateral agreements to which Algeria is a party.
    5. Trademarks comprising a simulation or imitation of official logos, flags, other logos, abbreviated names, symbols, signs or official hallmarks used for the purposes of control and guarantee by a country or an intergovernmental organization established under an international agreement, unless the competent authority has licensed such state or organization to do so.
    6. Trademarks which would mislead the public or commercial society with regard to the nature, quality or source of goods and services and other related characteristics.
    7. Trademarks which exclusively or partially constitute an indication that would involve confusion regarding the geographical origin of certain goods or services. In case such symbols have been illegally registered as a mark, the use of that geographical indication would be hindered by third parties entitled thereof.
    8. Trademarks similar or identical to a mark or a trade name well-known in Algeria and have been used for similar or identical goods belonging to another institution to the extent that causes confusion between both of them, or symbols which are a translation of another mark or trade name.
    9. Trademarks identical or similar to a mark that has been the subject matter of a registration application or a registration including goods or services identical or similar to those for which the manufacturing mark or trademark has been registered which would result in confusion.
    10. Trademarks referring to plant varieties denominations.

    TrademarkCopia through its associate Law Firms and Lawyers in Canada is at hand to help you with trademark registration and prosecution.

• Trademark Search in CANADA

  • Before filing the trademark applications, it is highly recommend to conduct a search through the Canadian databases.

    A search is useful in determining the following:

    1. Conflict with existing trademarks.
    2. Confirm validity of the proposed trademark.
    3. Evaluate the filing of the application and assess the risk of nullity and 3rd party claims.
    4. Strategise on the kind of mark to file regarding the denominations such as figurative, coloured, black & white etc.
    5. Search is a useful tool prior to filing of applications since search concerning prior pending marks carried out by the Canadian Trademark Office.

    Our Attorneys are at hand to assist you with searches and provide opinions about registrarbility of the proposed / coined trademark in Canada.

• Trademark Filing in CANADA

  • Filing is done with the Trademark office of Canada. Applicant has to furnish the following documentation for filing:

    1. Name of the applicant
    2. Logo (if any) in B/W or Colour
    3. Address along with nationality of the Applicant
    4. Classes in which Registration is sought.v  Power of Attorney (POA)
    5. Details regarding Goods and Services for which registration sought
       (Goods and Services classified as per NICE classification)

    TRADEMARKCOPIA.COM  will assist you with the following:

    • Filings
    • Infringement & Opposition Actions
    • Renewals
    • License and Assignment procedures
    • Trademark Watch Services
• Trademark Examination in CANADA

  • Once the office of the Registrar of Trademarks receives the application, the office conducts a thorough search of the records to ascertain that the applicant’s trademark does not conflict with prior registered marks or marks pending registration.

    The Examiner then reviews the search results and decides whether the application can be approved for advertisement. In the event there arise any objections as determined by the examiner, the same are notified to the applicant. The applicant is given a stipulated time period within which to respond to such objections.

    If the applicant’s response fails to satisfy the examiner, the application will be refused registration.

    Further, the examiner may direct the applicant to disclaim parts of the application if need be.

• Trademark Publication & Opposition in CANADA

  • Prior to advertising the mark in the Trade Marks Journal, the office conducts a pre-publication search to ensure that there are no conflicting marks filed in the interim.

    In the event no such objections are found, the mark is then published in the journal.

    Interested parties may oppose applicant’s mark so published within stipulated time. In the event there is no opposition or the opposition has been rendered in the applicant’s favour, the application will be allowed for registration.

    TrademarkCopia through its experienced Trademark Lawyers and Trademark Attorneys in Canada can comprehensively assist you with trademark opposition and prosecution.

• Trademark Registration in CANADA

  • The mark upon having fulfilled all the requisites, is issued a certificate of registration by the office and entered in the Register of Trademarks.

    Validity of trademark registration Canada is for 10 years subject to renewal.

    Trademark registration in Canada is valid for 10 years from the date of filing after which it can be frequently renewed for another 10 years unlimited times.

• Trademark Usage in CANADA

  • Proposed to be used: If the application is based on the mark being ‘proposed to be used’, the applicant will be asked for a declaration stating that the applicant has commenced the use of the trademark.

    If the mark has not been put into use, then extensions of time can be sought until the trademark is actually in use.

    Pre-Registration: The trademark has to be in use before filing for registration.

    Post-Registration: Cancellation proceedings cannot be filed for at least 3 yrs. from the date of registration. Resumption of use after initiation of cancellation proceedings does not cure non-use.

• Trademark Cost of Registration in CANADA

  • Please write mail for the cost of registration of trademark in Canada to the mail address given below:

    contact@trademarkcopia.com