Canadian Trademark Registration

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Release time:2016-05-12

Description of Registered Canadian Trademarks

Canadian trademark registration refers to the registration of trademarks with Canadian authorities. Canadian trademark registration can include goods trademarks, service trademarks, joint trademarks and certification trademarks. Canada has adopted the use-first principle. The current law for the protection of trademarks in Canada is the Trademark Act of 1985. The law has been amended several times, most recently in 1995. Canada is a member of the Paris Convention for the Protection of Industrial Property, the World Intellectual Property Organization and the World Trade Organization.

 

1. Canadian Trademark Registration Applicant Subject Qualification

1. persons intending to use and intending to be licensed to use the trademark in Canada.

A person who has used the trademark in Canada.

3. A person whose country is a member of the Paris Convention or the World Trade Organization, has registered or applied for registration of the trademark in his country and has used the trademark anywhere.

(4) a person who has used the mark in any of the Paris Convention or the World Trade Organization or a member country and the mark is well known in Canada.

5, the successor of the above 4 items.

 

Information Required to 2. Canadian Trademark Registration

1. Apply as a legal person, with a copy of the "Business License" or valid registration certificate stamped with the official seal; apply as a natural person with a personal ID card.

1 copy;

2. Detailed information of the applicant (in both Chinese and English), including name, nature, nationality, detailed address, zip code and contact information;

3. Electronic trademark standard sample;

4, commodity name and category.

 

3. Canadian Trademark Registration Process

1. Formal review: The formal review shall be conducted within 2-3 weeks after the application is submitted, and the acceptance notice shall be issued.

2. Substantive examination: Canadian trademark registration examination is divided into absolute reasons and relative reasons. According to section of the Trademark Act, the absolute ground for rejecting a trademark is that it is identical or similar to the following signs and shall not be registered (prohibition):

1) Royal royal emblem (shield crown staff, etc.);

2) any sign of the Governor;

3) Any reference to the source of goods and services is royal or governmental;

4) Canada's national flag or regional flag emblem (including those that have been abandoned), other countries' national flags and emblem, etc., the flag emblem of intergovernmental organizations, etc.; 5) Red Cross, Red Crescent, Red Crystal, Red Lion, Red Sun (Iran's Red Cross emblem); Government department emblem;

6) Immoral, offensive word graphics; causing others to associate with a person who has not been dead for a living person;

7) the name of any university except that it is royal or government chartered or licensed by the university (mark for these institutions);

3. Announcement: The Registrar will examine the trademark applied for registration, and if the examination is approved, it will be announced in the trademark notice or service. If no objection is raised within one month from the date of the announcement, the registration certificate will be issued after the applicant pays the registration fee. If registration is refused, the Registrar will notify the applicant and state the reasons for the refusal.

 

4. Canadian trademark registration time

1. Receipt time: 2-3 weeks

2. Announcement objection time: 2 months

3. Registration time: 18-26 months, validity: 15 years