COUNTRY : CANADA
CAPITAL : OTAWA
LANGUAGES : ENGLISH & FRENCH
MEMBER : PARIS CONVENTION, WTO-TRIPS, BERNE CONVENTION, WIPO, PCT, NAFTA
The IPR affairs in Canada are administered after by the Canadian Intellectual Property Office (CIPO) administered by Industry Canada.
TYPES OF TRADEMARKS IN CANADA:
i). Ordinary mark – consisting of words, designs or a combination of these.
ii). Certification mark – used to identify marks that meet a defined standard
iii). A Distinguishing Guise – consisting of the shape of goods or their containers or a mode of wrapping or packaging goods, which distinguishes them as being produced by a specific individual or form.
The mark should be able to identify and distinguish goods/ services of the applicant from those of the others.
Before filing the trademark applications, it is highly recommend to conduct a search through the Canadian databases.
Applicant has to furnish the following documentation for filing of trademarks in Canada:
· Infringement & Opposition Actions
· License and Assignment procedures
· Trademark Watch Services
Once the office of the Registrar of Trademarks receives the application, the office conducts a thorough search of the records to ascertain that the applicant’s trademark does not conflict with prior registered marks or marks pending registration.
Prior to advertising the mark in the Trade Marks Journal, the office conducts a pre-publication search to ensure that there are no conflicting marks filed in the interim.
The mark upon having fulfilled all the requisites, is issued a certificate of registration by the office and entered in the Register of Trademarks
Validity of trademark registration Canada is for 15 years subject to renewal.
Proposed to be used: If the application is based on the mark being ‘proposed to be used’, the applicant will be asked for a declaration stating that the applicant has commenced the use of the trademark.