MEMO ON TRADEMARK REGISTRATION IN CANADA
I. REQUIREMENT DOCUMENTS
a. The trademark details and clear copy of the logo to proceed with the application.
b. Applicant’s information
c. The international classes and the designated goods
d. Priority certificate (If any)
e. An electronic copy of Power of Attorney
II. GENERAL TIME FRAME OF TRADEMARK REGISTRATION IN A SMOOTH CASE
The approximate time from application to registration (for a regular prosecution, without opposition) is about 2 to 3 years, assuming that no Office Action is needed.
III. VALIDITY TERM
The duration of the protection of a trademark right is 10 years from the date of registration of the trademark, which may be renewed every 10 years.
For the renewal of a trademark registration, an application for the renewal should be filed within six months before the expiry of the 10-year term. Renewal is still possible within six months after the expiry of the initial term or within a late period of two months from receipt of the official notice.
IV. PROCEDURE
1. Examination
Within 4 months after the application is submitted, the trade-marks Office examiners then carry out a search of trade-mark records for potentially conflicting marks. Should there be no apparent conflict, the examiners then make an initial determination as to the registrability of the trade-mark, assessing such characteristics as whether the trade-mark is “clearly descriptive” or “deceptively mis-descriptive”.
The examiners will also decide whether the description of the wares or services complies with the regulations and is in normal commercial terms. The examiners advise the applicant of any adverse findings. Applicants may be required to submit revised applications.
Once past the conflict search stage and initial determination of registrability and any revisions to the application the trade-marks Office will submit for publication.
2. Publication
The trade-mark information is published in the trade-marks Journal. Any interested party may then make representations to the trade-marks Office, such as filing an opposition against registration of the trade-mark owing to alleged confusion with an existing mark. Should this happen, opposition proceedings can, if successful, bring the application process to an end or otherwise delay the registration process for eighteen (18) months or more.
3. Allowance
If the trade-marks Office receives no objection within approximately two (2) months of publication in the trade-marks Journal, the trade-marks Office issues a notice of allowance of the application for registration.
4. Registration
Within six (6) months of the date of the notice of allowance, the applicant must pay the granting fees. Upon receipt of the registration fees, the trade-marks Office will issue a certificate of registration for each duly registered trade-mark.
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