Trademark Registration in Canada

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Canada is one of the countries that have joined the Madrid System for the Trademark Registration. You can get protection for your trademark here by national registration or by applying for international registration under the Madrid Protocol. If we talk about national registration, the application is filed with the country's patent office – The Canadian Intellectual Property Office. The trademark types in Canada are slightly different from other countries. The national procedure has a number of features, which we will discuss below.

Trademark types in Canada.

As a trademark in Canada, you can register not only the usual verbal or graphic signs. You can get protection for these types of trademarks:

  • An ordinary mark.
  • Certification mark.
  • Distinguishing guise.

The first type is an Ordinary mark. This type is the most habitual and common. It implies the ability to register a trademark consisting of letters, images, as well as their combination.

The second type is a Certification mark. This type implies the registration of the production method and quality relative to a particular product. This type of registration is used in order to show to the consumers the conformity of the produced or sold goods to certain standards.

The third one is Distinguishing guise. The appearance of the products can be protected as such a trademark. For example, packaging or product form.

If you do not know which type of trademark is suitable for your product or service, contact our experts.

Limitations and features of trademark registration in Canada.

There are some restrictions in the country concerning that what you can register. First of all, these are trademark s that are similar to the extent of confusion with those already registered. Descriptive signs and signs that may mislead people are also unavailable for registration. To obtain protection of the name and / or surname, it will be necessary to prove to the examination that the goods or services have acquired distinctive ability under these designations. And the name itself or surname has acquired additional meaning for consumers. Various state emblems - coats of arms, flags and insignia of the Armed Forces complete the list of signs prohibited for registration.

Another feature concerns owners. Only one individual can claim designation rights. If there is a need to share ownership between several people, then they will certainly have to create a joint venture. Registration will be made at this enterprise.  

How long does it take to register a trademark in Canada?

The standard procedure without objections from third parties takes about 24 months. And this in case of the correct execution of all documents. The benefit of filing an application through Profitmark international patent agency lies precisely in the competence of our experts. All documents will be drawn up correctly, which will reduce the registration term of your trademark.

To fill out an application, just fill out the data on our website online. After that, our experts will contact you to clarify the details and confirm the order.