Fees associated with filing trademark applications in Canada, as well as other trademark fees are available in the fee calculator.
-
Multiple-class applications
Multiple-class trademark applications are possible in Canada.
-
Filing requirements in Canada
To obtain a filing date, it is necessary to provide the Canadian Intellectual Property Office with:
- the application for registration;
- trademark representation;
- list of goods/services;
- the applicant’s details;
- payment of the filing fee.
Submission of the Priority Document is not usually required, however, Registrar may request the certified copy of the priority document, if priority of a trademark application is claimed.
No Power of Attorney is required when filing a trademark application in Canada.
-
Examination, publication and opposition to a trademark application in Canada
The application process includes a formal examination, an examination for registrability and technical compliance with the Trademarks Act and Trademarks Regulations, and a search for prior trademarks on the register with which the applied for trademark may be confused.
If the application is in a condition for approval, it is advertised in the Trademarks Journal. After publication, any person may oppose a trademark application within 2 months from the date of advertisement of the application.
-
Grant, validity term and trademark renewal
No grant fees are charged for trademark registration in Canada. Canadian trademark registration is valid for 10 years from the registration date. Trademarks may be renewed within six months before the expiry of the 10-year term. Renewal is still possible within six months after the expiry of the initial term or within a late period of two months from receipt of the official notice.
-
Duration of registration procedure
In case of smooth registration procedure, an average processing time of a trademark in Canada from filing to its registration is approximately 24-32 months.
A trademark registration may be cancelled either upon the initiative of the Registrar or at the request of a third party upon payment of the fee, if the trademark has not been used in Canada during the latest three year period.
-
Representation by a trademark attorney
For foreign trademark applicants, it is necessary to perform the trademark prosecution in Canada through a registered Canadian trademark agent.
1. Online database for Canadian Trademarks Search.
2. Applicants can file a response to the provisional refusal of an international registration in Canada within 6 months from the date the Office issues the refusal. It is possible to request an extension of time with a maximum duration of 6 months. The response must be filed in English or French, and it is recommended to appoint a local trademark attorney for representation before the Canadian Intellectual Property Office (CIPO). The CIPO does not provide for revision or appeal to the provisional refusal.
The information was verified by NEXUS LAW GROUP LLP on 14.04.2023
Please contact us if the above information is not in conformity with Canadian IP Laws