Trademark Registration System in Canada

Canada, with its thriving economy, high quality of life, and cultural diversity, is an attractive market for businesses looking to expand their brands. Canada is well-known for its strong startup ecosystem, especially in the tech sector. Cities like Toronto, Vancouver and Montreal are hubs for big tech companies and startups. The establishment of a business in this field can expand the development of mobile applications, software, cloud solutions, artificial intelligence, blockchain, etc. In addition, businesses doing business in this field will be highly competitive, requiring constant innovation of applications. Canadian consumers are increasingly preferring online shopping. The development of digital infrastructure and high living standards facilitate the development of e-commerce, which means that online retail services and fast delivery services are growing. Canada has many attractive tourist attractions such as beautiful natural landscapes, modern cities, and diverse cultures that create many opportunities for the development of ecotourism, cultural tourism, and culinary tourism. In addition, the regulations on trademark registration in Canada are very flexible for investors from abroad to be able to easily develop their brands.

Legal Basis System for Trademark Registration in Canada

• Trademark Law (Federal Statute as amended, 1985, chapter T-13) (effective until June 18, 2019);
• Trademark Regulations (Canadian Charter Portal Regulations, 2018-227).

The legal system still protects trademarks that have not been registered for protection in Canada

Although registering a trademark in Canada offers comprehensive legal protection, you can still protect your trademark through joint ownership, even without formal registration. This is known as an unregistered trademark. However, this method has certain limitations.

Protection of unregistered trademarks is based on the principle of “counterfeiting”. This means that if you have used a trademark on a regular basis and it has built credibility in the minds of consumers, you have the right to prevent others from using the same trademark in a confusing way.

To claim ownership of an unregistered trademark, you need to prove:

• Continuous use: You have used the trademark in your business on a regular basis.
• Established credibility: The brand has established a certain image in the minds of consumers, associated with your product or service.

Limitations of Unregistered Trademarks

Compared to registered trademarks, unregistered trademarks have a lower level of protection. Concrete:

• Scope of Protection: Protection is limited to the area where the trademark is already known.
• Difficult to prove: Proving ownership and infringement of an unregistered trademark is often more complex and expensive.
• Risk of disputes: Due to its informality, you are prone to trademark-related disputes.

Language system in trademark registration dossiers in Canada

Canada is a bilingual country, officially using both English and French. Therefore, you have the option of filing a trademark application in either of these two languages, or even both.

• Register in one language: Choosing a language will help simplify the process and save costs.
• Register in both languages: If you want to protect your trademark in both language communities, you have the option of registering in both English and French. However, this will increase the cost of trademark registration and the processing time may be longer.

Important: The choice of registration language will directly affect the scope of protection of the trademark. If you only register in one language, your protection will be primarily focused on the community that speaks that language.

Online Trademark Registration System in Canada

Canada is one of the leading countries in digitizing administrative procedures, especially in the field of intellectual property. Canada’s online trademark registration system has revolutionized efficiency and convenience for businesses and individuals.

Outstanding advantages

• Save time and money: Instead of having to prepare paperwork and move to the registry, you can complete the entire registration process with just a few clicks. This saves a lot of time and money.
• Transparency and easy to follow: The system provides an intuitive interface, making it easy to track the progress of your resume wherever you are. You’ll receive email notifications about the different stages of the review process.
• Increased security: Information about the application is strictly confidential, helping to ensure the interests of applicants.
• Convenience: You can easily apply, check the status of your application, make payments, and download relevant documents online.

Guidelines for Trademark Registration in Canada

• Prepare the information: You need to prepare the trademark registration information to fill out the application form. A trademark registration application will be received and issued a number if the following requirements are fully met:
  • Clear registration requirements: The applicant must clearly express the intention to register for trademark protection.
  • Applicant Information: Includes the name and full contact address of the applicant or organization.
  • Trademark image: Provide a detailed image or description of the trademark to be registered, such as logos, text, drawings, etc.
  • Goods and services: Clearly define the types of goods or services for which the trademark will be used.
  • Registration fee: Pay the full amount of the fee as prescribed.
• After you have all the information, you can access the following link to apply online: https://www.ic.gc.ca/app/scr/opic-cipo/mc-tm/depot-filing/connexion-login_eng.htm
• After you have submitted your trademark application or certification mark. During the processing of your application, you may receive a notice from the Canadian Intellectual Property Office (CIPO) that you need to amend the relevant content. To do this, you may need to use an online modification service.
• In the process of processing the application, if you need to amend the application. You can send a general contact letter. You can send correspondence related to trademark registration to the Canadian Intellectual Property Office (CIPO) through a common email service. This is a convenient way to contact CIPO instead of sending a fax or letter by mail. The types of messages you can send include:
  • Change of Trademark Agent: Appoint or cancel an agent to represent you in trademark-related procedures.
  • Change information: Update your name, address, or other information related to your application.
  • Application Modification: Split the application, withdraw the application, or request an extension of processing time.
  • Other requirements: Other requirements related to the registration and management of your trademark.

If you want to file a trademark application, please contact Viet An Law for the most effective support.