1、 Introduction to Canadian Trademark Applications

The current trademark protection law in Canada is the Trademark Act of 1985, which was last amended in 1995.

The emergence of trademark rights in Canada is based on the principle of prior use. Canada does not have relevant regulations on the categories of trademark registration, and a trademark application can include any goods and services. The trademarks that can be applied for registration include: commodity trademarks, service trademarks, joint trademarks, and certification trademarks. Canada is a member of the Paris Convention for the Protection of Industrial Property, the World Intellectual Property Organization, and the World Trade Organization.

2、 Required documents for Canadian trademark application

1. Apply as a legal entity, with one copy of the Business License or valid registration certificate stamped with the official seal; Apply as a natural person with one copy of personal identification document attached;

2. The applicant's detailed information (in both Chinese and English), including name or title, nature, nationality, as well as detailed address, postal code, and contact information;

3. Electronic trademark samples;

4. Product name and category;

5. The applicant submits a declaration of sincere use of the trademark, stating on which products or services the relevant trademark will be used (intended to be used); List of specific goods or services for which the trademark has been used; The earliest use time of the trademark on these goods or services should be listed, and if these goods or services are grouped, the earliest use time of each group should be listed.

6. The applicant provides a statement of genuine use of the trademark in business (actual use);

7. Signed power of attorney.

3、 Canadian trademark application registration and procedures:

1. Applicant Qualifications:

(1) Individuals who intend to use and intend to be licensed to use the trademark in Canada;

(2) People who have already used the trademark in Canada;

(3) A person whose country is a member of the Paris Convention or the World Trade Organization, has registered or applied for registration of the trademark in their country, and has used the trademark anywhere;

(4) A person who has already used the trademark in any Paris Convention or World Trade Organization member and the trademark is well-known in Canada;

2. Canadian trademark application process (smooth progress):

Validity period of Canadian trademark use: 15 years from the date of registration. If the trademark needs to be continued to be used after the expiration of the registration validity period, an application for renewal registration should be submitted 6 months before the expiration of the registration validity period. Each renewal registration is valid for 15 years.

(1) Formal examination: the legality examination of the submitted application documents, trademark designs, power of attorney and other documents after the application is submitted; Those who meet the requirements will be granted the application date and application number.

(2) Substantive examination: Based on the law, examine whether the trademark has registrability, whether it is the same or similar to a previously registered trademark, and whether it violates the prohibition clause of the Trademark Law. For trademarks that fail substantive examination, the examiner will notify the applicant in writing and inform them of the reasons for rejection. The applicant may submit a re examination within the time limit from the date of receiving the rejection notice. Otherwise, the application will be deemed abandoned, and the application date and number will not be retained.

(3) Announcement: After examination, the examiner considers that the trademark application can be accepted and will publish an announcement on the official trademark announcement in Canada. The objection period is 2 months from the date of announcement.

(4) Submission of Usage Statement: After the above procedures, the Trademark and Patent Office issues a "Notice of Permission", which is not a registration certificate; Based on the intended use of the trademark, the applicant must provide a statement of genuine use of the trademark in commerce within 6 months after the issuance of the "permission notice" before issuing the registration certificate, and may apply for an extension.

(5) Registration approval: After receiving the true use declaration, the Trademark and Patent Office conducts another examination. If it is decided to accept the statement of genuine use after examination, a registration certificate will be issued. The entire smooth application process (if there are no rejections, objections, etc.) will take approximately 18-26 months.