Who can file a trademark application in canada [Glossary]

Last updated : Aug 8, 2022
Written by : Mellisa Silvey
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Who can file a trademark application in canada

Who can file trademark application in Canada?

The right to register a registrable trademark belongs to the first person to “use” the trademark in Canada, or, if no one has used it in Canada, the first person to file an application to register the trademark based on proposed use.

Who can file an application for registration of trademark?

2. Who can file a trademark in India? Any person or an entity which claims to be proprietor of a trademark can file a trademark application in respect of desired specification of goods or services.

Can you file a trademark on your own Canada?

Introduction. Welcome to the Canadian Intellectual Property Office (CIPO) Trademarks e-Filing service. With this online service, you can file a new or amended trademark or certification mark application. Once you have paid your application fee, you will immediately receive your application number.

What is the process of registering a trademark in Canada?

  1. 1 – Filing (applicant)
  2. 2 – Filing date issued (CIPO)
  3. 3 – Examination: checking for registrability (CIPO)
  4. 4 – Examiner's report (CIPO)
  5. 5 – Response (applicant)
  6. 7 – Advertisement (CIPO)
  7. 8 – Registration (CIPO)
  8. 9 – Renewal (applicant)

How long does a trademark application take in Canada?

Depending on the country where the application is filed, the trademark registration process can take anywhere from a few months to a few years. Most applications in Canada are processed within 18 to 24 months.

Can I register a trademark without a company?

Any individual – Indian National or Foreign National can easily register a trademark in India. There is no requirement for forming a legal entity or business entity to register a trademark.

Who can hold a trademark?

Who can own a trade mark application or registration? A trade mark application or registration can be owned by one or more individuals, a Limited Company or a Partnership.

Who is eligible for trademark?

Who is eligible to apply for trademark registration? Any individual or organization can apply for trademark to protect their product or service. The application has to be filed mentioning the trademark, name and address of the applicant along with the agent and Power of Attorney.

Can a proprietorship firm apply for trademark?

WHO CAN FILE FOR A TRADEMARK. The trademark registration application can be filed by anyone who claims to be the owner of the property. An individual, a private limited company, a public business, a limited liability partnership firm, a partnership firm, a sole proprietorship, and so on can all be trademark owners.

How much does it cost to trademark a business in Canada?

Official Fees There is a trademark application filing fee of $335.93 CAD for the first class of goods and services in your Canadian trademark application. For each class of goods and services beyond the first, there is a further cost of $101.80 CAD per class payable when filing your application.

Should I trademark my business name Canada?

Even if your company name or your business name is registered federally (Corporations Canada), provincially or territorially, it is recommended to also obtain trademark registration to better protect your brand.

Should I trademark my logo Canada?

Protecting your brand and the products and services it stands for is critical to your future sales. Your trademark is an important part of your brand, and registering it gives you the exclusive right to use it to sell your products and services.

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 do you trademark a business name in Canada?

In Canada, a trade-mark is registered by filing an application with the trade-marks Office together with a non-refundable fee of $336.6 for each trade-mark applied for. It is possible to file an application for registration of a trade-mark that is not yet in use somewhere in Canada.

Can someone trademark my domain name?

A domain name cannot be protected as a trademark merely because it is your address on the Internet. In addition to using the name in commerce, it must be used in a way that distinguishes your goods or services from those of others.

Should I trademark my business name or logo?

For this reason, you should apply for both trademark registrations if you have a business name and a logo you wish to protect. Wordmarks and design marks represent two very different aspects of your brand. Protecting just your name may not sufficiently protect your logo from being used by someone else.

How do I know if my trademark is approved Canada?

A trademark examiner will review your application and determine if the trademark can be approved for advertisement in the Trademarks Journal. If there are any doubts about your application, the examiner will let you know. You will then be able to respond.

How soon should I trademark my business?

In most cases, the best time to file a trademark application for your business name is right after you've filed paperwork to form your LLC or corporation. By doing this before your business officially launches, it protects the name for commercial use once you're up and running.

What comes first trademark or registered?

having a registered trademark. You become a trademark owner as soon as you start using your trademark with your goods or services. You establish rights in your trademark by using it, but those rights are limited, and they only apply to the geographic area in which you're providing your goods or services.

Can a sole proprietor have a trademark?

A trademark owner can include but is not limited to individuals, partnerships, corporations, limited liability companies, sole proprietorships, trusts, estates etc.

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Who can file a trademark application in canada

Comment by Numbers Ronne

a trademark is a word or a phrase or a logo that distinguishes your goods and services from those sold by others so it distinguishes you as a trade source trademark rights don't give you rights in the goods or services themselves in the same way that copyright and patent rights do they give you rights in rights to use a specific brand in association with those goods or services but in today's world a brand is often a company's most valuable asset registration is how you take that important business asset or trademark and put a bow around it it gives you very important rights that an unregistered trademark doesn't it allows you to enforce your trademark rights anywhere in canada if it's a canadian trademark registration or anywhere in the u.s if it's a u.s trademark registration anywhere in the country without having to prove that you've acquired a reputation in that area and if you're doing business online registration is often essential to be able to enforce your rights online trademark registration can also be used as a sword to stop others from using a same or a similar trademark can also be used as a shield to stop someone else somewhere else in the country from registering a trademark before you do and putting you in the difficult situation of having to change your brand even if you are using it first finally if you're considering selling your business a purchaser is always going to want to see your business assets like trademarks registered and secured so here at shift law we handle canadian and u.s trademark registrations and in many ways uh it's a similar process similar result in canada in the u.s but in many important respects it's different so for instance in canada an applicant does not have to prove that they've used a trademark in commerce before they get a registration whereas in the u.s an applicant does have to show that either before they file the application or sometime before the application is allowed and proceeds to registration uh in terms of pricing it's similar however because of that extra step in the us where an applicant has to show that they've used it it tends to cost a little bit more so generally an applicant should budget somewhere between fifteen hundred and two thousand dollars uh in canada and in the u.s and that would include uh legal fees as well as the government fees so in each of canada and the us the government charges a fee per class of goods or services and the international classification system divides all goods and services you can imagine into 42 different classes and so part of the service that we provide is to identify which classes of goods or services your goods or services fall into so one of the ways that canadian trademark registration differs from u.s trademark registration is that the process from filing an application to getting your registration is much longer in canada we're seeing that process last two years or more in canada right now whereas in the u.s we're seeing it last a year or less however once you have a registration the term in canada and the term in the u.s is 10 years it's the same so registration is renewable after 10 years and for every 10 years after that so in theory a trademark registration can last forever so long as it's renewed so once you've registered your trademark you can sue anyone else for using the same or similar trademark to sell the same or similar goods or services not only can you but you should because in order to maintain the validity of a trademark registration it's important that you are the only one using that trademark to sell the same or similar goods if others are using it and you're not telling them to stop your registration could be invalidated by someone else on the basis that you're not the only one using it and you need to stop that by sending them demand letters or doing something else to police your rights because if you don't you risk losing the validity of your trademark registration

Thanks for your comment Numbers Ronne, have a nice day.
- Mellisa Silvey, Staff Member

Comment by Roxy

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 Roxy your participation is very much appreciated
- Mellisa Silvey

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