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Patent attorney in Canada

Canada is not included in the list of the parties to the Madrid Agreement, so the trademark registration in Canada is only possible under the national procedure in the Canadian Intellectual Property Office. Trademark registration term in this country is slightly longer than in other countries, so you can register a trademark in Canada within approximately 21 months from the filing date. Before filing an application, you must determine the classes for goods and services for which you wish to obtain a title of protection.

There are three types of trademarks in Canada:

Regular trademark. It is a classical registration of the designation consisting of words, images, sounds, or a combination thereof.

A certified trademark. This registration indicates that the trademark owner obtained quality certificates for the goods, its production method or other characteristics.

Iconic design. Packing method, its appearance and the package itself creating the distinctiveness. For example, you produce unique, sports nutrition bars in the form of dumbbells. Thus, you can get the title of protection for the shape of the dumbbell/bar.

Another feature of the trademark registration in Canada is the need to specify the basis for obtaining the title of protection. Such bases can be:

  1. Commercial use. It suggests that even before filing an application, the trademark is already in use in the state.
  2. Bona fide intention to use. This basis suggests that the trademark owner will start to use the same immediately after obtaining of the registration permit. Upon obtaining of such a permit, the applicant must submit the materials confirming the beginning of the trademark use in Canada to the Office.
  3. Foreign application. As the name implies, such a basis suggests that the trademark has already been applied for in another country.
  4. Foreign registration. It is the basis suggesting that the trademark has already been registered in the territory of another country.

Also, before applying for trademark registration in Canada, tit is required to conduct a search for its identity and similarity to the registered designations. Exploratory search can be conducted on our website online. For complete information and professional research, we recommend ordering a full search, which can significantly increase the chances of obtaining the title of protection.

If you want to register the trademark in Canada quickly and correctly, please, contact our Profitmark International Patent Office.