Trademark use requirement canada [FAQ]

Last updated : Aug 27, 2022

What constitutes use of a trademark in Canada?

A trademark is deemed to be used on goods when it is marked on the goods or their packaging, and if those goods are subsequently exported from Canada.

What is needed for trademark statement of use?

Thus, principally, a Statement of Use is a signed declaration to the USPTO that the goods/services listed in the trademark application have been sold, in a meaningful amount, under the banner of the trademark in at least two States (satisfying the “interstate commerce” requirement).

When can I start using my trademark?

Once we file the trademark within 1-2 days you may start using the TM symbol and after receiving a certificate you can use the ® symbol.

How long can you hold a trademark without using it?

Unlike patents and copyrights, trademarks do not expire after a set period of time. Trademarks will persist so long as the owner continues to use the trademark. Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary commerce.

Can I use a trademarked name for a different product?

By law, you need not request permission to use a trademark belonging to another if it is for an editorial or informational use. Trademark law protects distinctive words, phrases, logos, symbols, slogans, and any other devices used to identify and distinguish products or services in the marketplace.

Do you have to use the trademark symbol every time?

The symbol does not have to be used every time the mark is used. Instead, use the symbol in the first instance the mark is used, in the most prominent use of the mark, or both. Repeated use of trademark symbols can become cluttered.

How do you prove a statement of use?

Ways to prove a trademark's use include displaying it on products, packaging, or other marketing tools. If you filed your trademark on the basis of intent to use, you must file a Statement of Use to show you are using it to sell goods and/or services.

What is the statement of use?

A statement of use (SOU) is a sworn statement to the United States Patent and Trademark Office (USPTO) that attests that your trademark application is now being used in commerce.

Is allegation of use the same as statement of use?

An Allegation of Use is another term used for a Statement of Use. Both terms refer to a required filing for an applicant who applies for a trademark on an "Intent-To-Use" basis. The filing demonstrates actual use of the trademark in commerce and is required by the USPTO before it will register a trademark.

Can I use a trademark before it is registered?

Use or file trademark first? You do not have to apply for a trademark prior to using it. In most cases, trademark rights in the US are granted to the first one who uses a mark in commerce on particular goods or services. US trademark law recognizes the first user.

Can we use trademark after application?

Once you have filed the trademark application, the Symbol “TM” can be used with your products. The symbol “R” can be put into use only after you have obtained registration of your trademark.

What's the difference between TM and R?

You do not have to have registered a trademark to use it and many companies will opt to use the TM symbol for new goods or services in advance of and during the application process. The R symbol indicates that this word, phrase, or logo is a registered trademark for the product or service.

How often do you have to use a trademark?

In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.

How long do trademarks last in Canada?

When you register your trademark, you get the sole right to use the mark across Canada for 10 years. You can renew your trademark every 10 years after that. A registered trademark is one that has been entered in the Register of Trademarks.

How long does intent to use trademark last?

How Long Does it Last? The USPTO will give you six months from the time you file your intent to use application to put the mark in use and file your statement of use. If you need more time, you can file an extension request.

Can 2 companies have same trademark?

Can Two Companies Have the Same Name? Yes, however, certain requirements must be met in order for it to not constitutes trademark infringement and to determine which party is the rightful owner of the name.

Can there be 2 trademarks with the same name?

The short answer is, “it depends.” It depends on (1) Whether the other business is in the same industry; (2) Whether the other business is in the same geographical market; (3) Who was using the mark first; and (4) Who registered the trademark first.

Can two companies use the same trademark?

However, if the two products are not related to one another and not likely to cause any confusion, then trademark law will not prevent the two companies from using the same name. Put differently, if the same name is registered in different trademark classes, this does not give rise to an infringement claim.

Can I trademark a name already in use but not trademarked?

1. Can You File for a Trademark That Exists? Updated November 12, 2020: If you're wondering, "can you trademark something that already exists," the simple answer is "no." Generally speaking, if somebody has used a trademark before you, you can't register the trademark for yourself.

Can you use TM without registering trademark?

Anyone can use a TM symbol regardless of whether they've successfully registered the trademark, or whether they've applied for a trademark at all. Even if the trademark application is rejected, the owner can continue to use the TM symbol.

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hello hello welcome back to my channel my name is zarina business lawyer by day and raptors bandwagoner during playoff season so not this year today's episode's super exciting we're actually going to be talking about how to trademark a business name and logo here in canada but we're going to be doing it a little bit differently we're actually going to look at the trademark application filed by vanessa bryant on behalf of kobe bryant and hopefully by the end of this video you're going to be able to get tips and ideas of how to file your own trademark application so that you can continue to protect your brand and continue to protect the legacy that you've worked so hard to create let's go the first step in filling out trademark applications is deciding which things should be trademarked just a quick refresher like what is a trademark a trademark is uh any word sound phrase basically anything you have that can distinguish you from anybody else in the marketplace so people used to think that trademarks were just words and logos but now actually it's been expanding so even tastes and there's this thing called distinguishing guises and basically if you can just prove to the intellectual property office that there's this one thing that you do that basically anyone who thinks about it will be like yep that's that's that company and if you can prove that then you get that trademark and this is actually used quite often in clothing and accessories so who knows maybe we might find a distinguishing guys for kobe's the cool thing with trademarks is their property rights so it's not like when you register a business name and a provincial registry like that's more so a legal compliance thing because a trademark is a property right you can actually will it to someone you can you can make it last for generations you can transfer it to someone else and therefore if you actually are able to register a trademark it increases the value of your company now let's turn to the trademark applications filed by copy brian's estate one of the blogs that i follow it's a fashion law blog and one of the articles was really interesting because it was talking about how kobe bryant's date filed an application for a lot of trademarks and if you believe the rumors it might be that there is an apparel line that is on the way actually there is another lawyer another law firm that looked into these applications and gave us an idea that there might be clothing there might be websites there might be games coming up soon we don't know but what's cool is if these applications actually get approved it gives kobe bryant llc the applicant sorry so this kobe bryant llc is the corporation that was started by kobe bryant's estate if this gets approved then that corporation will be able to get the exclusive rights to continue on kobe bryant's legacy which is pretty cool so what does that mean for us it's fairly similar actually here in canada if you file a trademark application and it actually you know gets approved by the canadian intellectual property office then you get the exclusive right to be able to use it in canada for up to 10 years and then it's renewable after that but there are some exceptions again and it's that basically like if you abandon it like you stop using your trademark the intellectual property office deems it to be have been abandoned so you lose that exclusivity because they're like well if you're not gonna protect it so why should we protect it you know like why should we give you that right now most businesses when they register they start with registering their work sometimes it's their business name sometimes it's a phrase like a slogan for example but when we look into trademarking words i want you to think about it in three different tiers now the first tier is something that's more likely to get approved so these are names that you just make up for the sake of this video where i'm just going to say kobe's trademark applications but really when i say that um please think about it as kobe's estate trademark applications okay cool so if you look here at his trademark application we'll see an application for mambasita which we know is his nickname for gigi so for us if you have a brand name that's just totally made up so for example global like complete so just from a branding perspective if we have a name that's totally made up it's easier to get that through the intellectual property office and get it registered so the second tier is registering business names that are personal names so personal names they're not necessarily impossible to trademark they're just a lot harder um so the cpo doesn't necess doesn't always like trademarking those things but if you can show that there's enough of a reputation sipo's more likely going to approve the registration of that trademark so if you look here at kobe's applications so from 1998 like you can see like his super business-minded you can see that he's trying to register his name and then you see this little note about living person got consent so it's the same thing here in canada if the person is alive and you're trying to register that name of course sipo would want to make sure that there's actually consent that that person has consented to it because obviously they don't want to be trademarking something that the other that the person who actually owns that thing doesn't want it to be trademarked so and then if you look here 2020 so there is another application for kobe bryant's name and again if it was in canada because it has a reputation it's likely going to go through you know like kobe bryant is a legend he's in the hall of fame so it's likely that this personal name will also go through if kobe bryant was canadian and now we're off to tier number three so this is like extra hard level if you really want to go for it generic names so you can trademark generic names like names that you can find in a dictionary but it's super super super impossible not impossible it's just super super super hard we mentioned already that trademarks are property rights so of course people wants to balance the right of other people who to be able to use certain words right like we don't want to have to go to court every single time someone uses a word that can be found in the dictionary but it's not necessarily impossible so as long as the name is not related to the goods or the services that the brand is actually you know promoting in the marketplace then that's generally okay and that's why apple the company that creates the macintosh computer that creates our ipods it was able to be registered here in canada because it's not you know computers aren't necessarily related to apple the fruit but snapple apple couldn't register the apple part in their name because snap apple creates fruit juices and an apple is a fruit so if you look here black mamba the application it had nothing to do with snakes and snake products so that was okay it'll be the same thing here in canada what will be interesting here is the application for mamba because mamba is just a generic word for snake so we'll see if it's going to be possible hear

Thanks for your comment Eugenio Previte, have a nice day.
- Eleanor Haislip, Staff Member

hi i'm maxim and i'm head of customer success at leg start welcome to leg start academy in this video we will talk about trademarks what they are who are they for and when to get them registered for your business remember that at all time you can download the slides of this video below in the resource section so let's begin what is a trademark a trademark ELPS distinguished products and services offered by a company from the ones offered by its competitors it may be composed of a word a logo some slogan or moto or a combination of those elements getting your trademark registered is the best way to ensure a legal protection over your brand it prevents your competitors from using a similar trademark in your field in across Canada the train might must be distinguished from your legal name and from the business name of your company the company's legal name is the name under which it has been incorporated it allows to legally identify it the company's business name is the name with which the does business it enables the public to distinguish one company from another watch out having a customized name or a registered business name doesn't protect you the same way as a registered trademark also trademark should not be confused with patents or copyrights copyright is a protection to an intellectual creation like a song a picture or a blog namely any type of content which has to be original and a body so materialize the copyright does not protect an idea that remains into your head for example when you're streaming a show on a non official website or you paste the picture found on the internet you are in theory committing a copyright infringement the source code of a software or of a website is also protected by copyright another example a would be both protected by copyright and my trademark if you get it registered a patent is a legal protection to an invention that is a physical invention that is materialized and must be innovative and useful any entrepreneur incorporated or not who wants to protect this brand image and identity may register is trademarked with the Canadian Intellectual Property Office this registration ensures the intrapreneur that none of his competitors will use its trademark or a similar trademark across Canada for 15 years in February this lifespan will be reduced to 10 years if you're already using a trademark let's say you're promoting or selling products or services using that trademark or planning to do that soon it is certainly time to get it registered the more you wait the more risk you take that a competitor does it before you now you should have a better understanding of what a registered trademark is in the next video we'll get more into the details about it thanks for watching and see you soon

Thanks WabonaJ your participation is very much appreciated
- Eleanor Haislip

About the author

Eleanor Haislip

I've studied indonesian history at Temple University in Philadelphia and I am an expert in folklore. I usually feel ditzy. My previous job was biology professor I held this position for 12 years, I love talking about djing and beekeeping. Huge fan of Jim Walton I practice cycling: track and collect sports cards.