How To Register A Trademark Name In Canada
Advantages of registering a trademark.
How to register a trademark name in canada. These challenges frequently impact celebrities wanting to protect their famous name in canada. Registering the name of an individual as a trademark in canada poses unique challenges. Registering it protects you from competitors ensures your ownership rights in the mark and makes it easier to enforce your rights against copycats. A trademark registration may be cancelled if someone else in canada has made use of a similar trade name or trademark in the past. When you register your trademark you get the sole right to use the mark across canada for 10 years.
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. Use the goods and services manual to search for acceptable goods and services terms in canada for trademark applications. However in practice it is highly recommended that trademark owners register them. 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.
Consult our list of trademark agents should you wish to hire a registered trademark agent to handle your file. Fees for trademark filing registration renewal and other services. To register a trademark in canada you must first file an application that includes a depiction of your trademark and a description of the goods and services you provide using that mark. 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. 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.
Avoid trademarks that can t be registered. Trademark rights in canada are established through use. The canadian intellectual property office cipo examines your application and if it is approved your claim on the mark will be published. Registering a trade mark. The registration provides proof of ownership.
You can renew your trademark every 10 years after that. Certain types of words are inherently difficult to register and should be avoided as discussed below. There is no point investing in a trademark you can t register. 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.