Trademark Search in Canada

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Frequently Asked Question
Does having a registered trademark in Canada afford me any right?

Under the “first to use” jurisdiction, there is no need for registration to obtain rights to a mark as long as you can prove that you are the first to use it. However, having your mark registered is an evidence of validity and ownership.

What is the website of the national trademark office?

You may access the national office by clicking this link: http://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/h_wr00002.html

Is there any need to use my trademark before I apply for registration?

No. It is not a requirement for registration. There are 4 bases for filing an application. 

  1. Prior use in Canada
  2. Intent to use in Canada
  3. Make known in Canada
  4. Registration and use in international territories
Can a Trademark Application be opposed?

Yes. Applications can be opposed on the grounds of:

  • Violation of Canadian law
  • Proprietary rights
  • Descriptive mark
  • Breach of copyright
  • Conflict with registered designs
  • Bad faith
  • Conflict with a company name
  • Unauthorized use of protected insignia or emblem
  • Goods/services are not specifically defined
Who can oppose my trademark registration?

Anyone may oppose or object to a trademark application.

Is it possible to cancel a registration?

Yes, it’s possible based on the following grounds: 

  • Non-distinctive mark
  • Misleading and disparaging mark
  • Functional mark
  • Generic mark
  • Geographically indicated mark
  • Emblem or badge is included in the mark
  • Jurisdiction-prohibited mark
  • Abandoned mark
  • Other reasons depending on circumstances
Are there any rights established by having a registered trademark?

Yes. The following rights are obtained by the trademark owner: 

  • Exclusive authority to use the mark
  • Right to oppose other applications that may cause conflict with his trademark
  • Right to cancel other applications with conflicting registration issues
  • Right to file for infringement case against third-parties that use look-alike marks
  • Right to give license or permit to third-parties that want to use the mark
  • Right to receive damages from third-parties guilty of infringement
How long is the opposition period?

The opposition period starts after the date of formal examination and once the application for opposing the registration is published.

Is Canada a member of the Madrid System?

No, Canada is not a member of the Madrid Protocol. On the other hand, Canada is a member of the international treaty – Paris Convention.

Do I need to present periodic statement of use?

Period statements are not mandatory. The mark is only vulnerable when it is not in use for a period of 3 years.

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