How To Register A Trademark Name In Canada
Search trademarks using the canadian trademarks database.
How to register a trademark name in canada. The role of the. You can renew your trademark every 10 years after that. Trademark rights in canada are established through use. When you register your trademark you get the sole right to use the mark across canada for 10 years. There is no point investing in a trademark you can t register.
Avoid trademarks that can t be registered. Registering a trade mark. Registering a trademark name begins with the trade mark application process in canada consists of a series of stages through which your application must proceed before your trade mark can be entered on the canadian register of trademarks. Trademark agents by name or geographic location. Finding a trademark agent.
On the other hand once you ve registered your trademark you will have the exclusive right to use the trademark across canada for 15 years they re renewable for 15 years at a time as well as the right to initiate infringement proceedings in either the provincial or federal courts. A trademark can protect a combination of words sounds or designs used to distinguish your goods or services from those of others in the marketplace. Certain types of words are inherently difficult to register and should be avoided as discussed below. However in practice it is highly recommended that trademark owners register them. These challenges frequently impact celebrities wanting to protect their famous name in canada.
The registration provides proof of ownership. Currently famous names are only registrable as trademarks if the applicant can establish by way of evidence that the applied for name has acquired distinctiveness 1 or is not without. This means that the person or company that first and continuously uses a trademark inside canada is the one who has preferential rights over it. Registering it protects you from competitors ensures your ownership rights in the mark and makes it easier to enforce your rights against copycats. The canadian intellectual property office cipo examines your application and if it is approved your claim on the mark will be published.
Even if your business name is registered federally corporations canada provincially or territorially you may also wish to register a trademark to better protect your brand. Use the goods and services manual to search for acceptable goods and services terms in canada for trademark applications. Registering the name of an individual as a trademark in canada poses unique challenges. Advantages of registering a trademark. Registering a trade mark involves several steps.