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Benefits of Registering a Trademark in Canada

Create Time 2018-09-27 02:09    Views:273

Although the application process at the Canadian Intellectual Property Office (CIPO) can be both unfamiliar and complicated, the effort you put in to formally register your Trademark is always worth it in the end.

Applying for a Trademark registration in Canada could be beneficial even if you’re not a Canadian. Here are some of the reasons why. 

Protecting your Brand is Essential even in Canada

A Trademark differentiates you from other competitors in the marketplace and associates your products and/or services with an owner or a business. Additionally, Trademarks are invaluable company asset. When you register for a Trademark in Canada you get the following:

  1. Nationwide protection across Canada for 15 years;
  2. The right to exclusive use of the Trademark in Canada;
  3. The ability to license Trademark rights to others in Canada is much easier if it is a Registered Trademark.
  4. Anyone who tries to apply for a similar Trademark can be sued for infringement with all the remedies available under the Trademarks Act.
  5. The longer your Trademark has been registered, the more difficult it becomes for third parties to challenge it, as long as you’ve continued to use it consistently.
  6. Your first application to register can give you certain benefits in many other jurisdictions, for example, claiming a “priority” filing date in the U.S..

Flat Government Fee

Act now because it’s not going to last. You probably have until the end of 2018 to take advantage of lower Trademark rates. After that, the recent amendments to the Trademark Act will take effect. Right now, you can register a Trademark in Canada for one flat fee. No matter how many goods and services you may be registering in a single application.

After international agreements and the Nice, agreement take effect, the existing fee structure will change and similar to the US, Canada will also be charging Trademark applicants on a per-class basis. When it comes to business, every dollar counts so invest in a Trademark now before CIPO changes their fees for filing.

Trademarks are valid in Canada for 15 Years (for now!)

Currently, a Trademark registration must be renewed every 15 years. However, changes are coming to Canada’s Trademark law and these changes will reduce the renewal period to 10 years. This will apply to renewals due after the new amendments come into force. The 10-year renewal period will be applied to Trademark owners once the new regulations take effect. So, getting registered now is beneficial especially before these new regulations come into force.

What is the Filing Process Like?

When CIPO receives your application, they will do the following:

  • Search Trademark records to find any existing or pending Trademark that could conflict with your Trademark;
  • Examine the application to make sure it obeys the Trade-marks Act and Trade-marks Regulations, and notify you about any requirements that your application does not meet or any objection to registering your Trademark
  • Publish the application in the Trade-marks Journal, leaving time for opposition (challenges) to the application by any third-parties.
  • Allow and register your Trademark if no one files an opposition to your application (or if any opposition filed has been decided in your favour)

The above process currently can take anywhere from 12 to 24 months depending on the unique issues with each Trademark application. The above is nicely outlined in the Canadian Intellectual Property Office “IP Roadmap”.

So, Should You Register Your Trademark in Canada?

Registering a Trademark in general enable you to assert your rights in the jurisdiction that your trademark is registered in.  By registering your Trademark in Canada, your Trademark is protected across Canada.

If you have any questions about Canadian Trademarks or are ready to start a Trademark application, please do not hesitate to submit a search request on our website or contact us directly. We are always happy to help.

Disclaimer:  This website is not intended to offer legal advice or to be a substitute for a consultation on a case by case basis with an attorney.  The information provided above is meant for informational purposes only and may be subject to change. 

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