A Canada trademark application should include the "basis" for filing. Most applicants base their applications on their current use of the mark in commerce, or their intent to use their mark in commerce in the future.
A straightforward trademark registration will usually take approximately one year and the valid period of a registered trademark is 15 years.
Details required
To proceed the trademark application for registration in Canada, please provide us the following information:
Basis of Application
Use-based: Section 1(a)
For a use-based Section 1(a) application, we need specimens of use in connection with the goods/services as designated in the application, as well as the date of first use of the mark in Canada commerce.
Intent-to-use: Section 1(b)
For an intent-to-use application, if, after examination and publication of the mark the application is allowed, we will be required to submit specimens of use within six (6) months of allowance. Once the specimens of use are accepted by the Canada Trademark Office, a Certificate of Registration will issue.
Search
The Canadian Intellectual Property Office will not provide any preliminary search for conflicting marks weeks before an applicant files an application. You can search the Canadian Trade-marks Database online before filing your application to determine if any party is already claiming rights in a particular mark.
The search provided by us is a comprehensive Canada trademark search and conducted by Canada attorneys.
Procedures for Trademark Registration
When we have received your application, we will issue (1) a confirmation letter which summarizes the details and specifications of the application for your final checking and (2) our invoice for your settlement.
Please confirm the application by signing on the letter and return to us by fax or email. The application will be filed one week of receiving the payment of our invoice, and we will report the filing with a copy of the official notice of filing in approximately 2 weeks.
There are 6 stages in the process of examining an application for registration:
Use-based: Section 1(a)
If the mark is published based upon the actual use of the mark in commerce, or on a
foreign registration, and no party files an opposition or request to extend the time to
oppose, the Canadian Intellectual Property Office will normally register the mark and issue a registration certificate after
12-14 weeks the date the mark was published.
Intent-to-use: Section 1(b)
If the mark is published based upon the applicant's bona fide intention to use the mark in
commerce, the Canadian Intellectual Property Office will issue a NOTICE OF ALLOWANCE 12-14 weeks after the date the
mark was published. The applicant then has six (6) months from the date of the NOTICE OF
ALLOWANCE to submit the specimens of use.
Validity period of registration
Upon registration, a trademark will last for a period of 15 years dating back to the filing date and can be renewed indefinitely for successive periods of 15 years.
Convention Priority
If you have filed an application in another WTO or Paris Convention country within the last half year, then there is a choice of claiming a right to priority so that the application will be deemed to be filed on the same day as the correspondence application. The application filed should include the certified convention priority document (together with its certified English translation).
Please download application form here.
If you require more information, please contact us at:
| Telephone | : (852) 2384 2288 |
| Fax | : (852) 3011 3245 |
| : info@ebrand.com.hk | |
| Address | : Unit 1501, Jubilee Centre, 46 Gloucester Road, Wan Chai, Hong Kong. |