Particulars include name and address of applicant, the actual mark, application date and number, priority claim, goods/services, date of first use and trademark representation. There are new types of trademarks that will soon become legal.
The question to be answered is whether the primary or principal meaning of the word is merely a surname.
How to trademark a name in canada. 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. Trademarkelite provides online trademark search tool, and is the largest free trademark search site. Initial examination and formalize by cipo.
The application will undergo several phases namely publication, examination, prosecution, opposition and proof of use. Trademark a logo in canada or trademark a name in canada now! A mark can be protected either as a.
We guide you through the trademark registration process. For a standard character trademark (word or words), you should look for all possible spellings, including in french. Review name reports, select code and submit.
2020 trademark agent qualifying examination june 26, 2020 significant trademark regime reforms and three key trademark treaties enter into force in canada june 17, 2019 activities and initiatives Cipo approves or rejects as initial decision. Trademarks opposition the role of the trademarks opposition board and information about opposition and section 45 proceedings.
For example, if your trademark is north pole, you would search for north, nord, and pole. to start your search, visit the canadian trademarks database. The vienna codes describing figurative elements of the trademark can be added to further refine your search. Trademark a name, word, phrase, or slogan in canada and protect your intellectual property.
If your trademark is available, our canadian attorneys will file and process your trademark registration in canada. Publish on journal, wait 18 months for any objection. Name or a surname 12 november 2018.
Use the goods and services manual to search for acceptable goods and services terms in canada for trademark applications. The average cost to trademark a name or logo is around $275 when filing yourself, or between $500 and $2,000 when filing through a service or trademark attorney. The 8th edition of the vienna classification system is used to index canadian trademarks available on this database.
While they aren’t your typical type of trademark, they certainly will be noticed. Trademark law provides protection for distinctive marks, certification marks, distinguishing guises, and proposed marks against those who appropriate the goodwill of the mark or create confusion between different vendors' goods or services. Anita mar is a registered trademark agent helping clients with trademark registration in canada and has been practising trademark law since 1999.
This practice notice is intended to clarify the practice of the trademarks office with respect to transfers of trademark(s) resulting in a change in ownership and on changes in the name of an applicant or registered owner. The right to adopt and use your corporate name as a trademark in canada is subject to the canadian trademark rights of others. Transfers and change of name.
Learn the types of actions available to unregistered trademark owners as well as registered trademarks, and what constitutes trademark infringement in canada. To begin with, a trademark is much of an exclusive name and logo that is all in all, exclusive to one particular body in the entire classification of the business that it operates in. The canadian intellectual property office (cipo) examines your application and, if it is approved, your claim on the mark will be published.
Canadian intellectual property office publication date: If you currently do business in canada, or plan to in the future, now is the time to consider canadian trademark registration. June 17, 2019, october 28, 2020.
Review the trademark application process. If no objections, final approval. Trademark elite helps you register a trademark online in the united states, canada, china, australia, the european union, and other 180 countries that are fast, simple, and affordable.
Register a trademark in canada. Although the name search that constitutes a required part of the incorporation process checks for similar corporate names and trademarks, it does not consider unregistered trademarks, rights in which may prevent the. Consult our list of trademark agents should you wish to hire a registered trademark agent to handle your file.
The cost of a trademark is based on the number of classes your goods or services fall under, as well as the methods used when filing. Register a trademark in canada now to ensure your trademark isn’t ransomed back to you. Search trademarks using the canadian trademarks database.
Trademark agents by name or geographic location. While there are costs associated with registering a trademark in canada, the benefit of having your trademark protected far outweighs the expense. A member of lindsay kenney llp's corporate business law group discusses the issue of trademark infringement in canada.
Consider the following about the cost to register a trademark in canada. Canadian trademark law provides protection to marks by statute under the trademarks act and also at common law. The form requires the name of the applicant, which in this case is the company, your address, a rendering of the trademark (a piece of paper with the trademark on it, or in a digital file in an approved format), and the type of product or service the mark will be used for.
A trademark is not registrable if it is a word that is primarily merely the name or the surname of an individual who is living or has died within the preceding thirty years. 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. Free trademark search tool in canada.
Accessing the canada trademark registration search is where you will get the answer to your query if that is up your alley. Tm registration in canada involves 6 steps: