Canadian Filing Information - Trademarks
GENERAL NOTES
In order to obtain a filing date in Canada no document need be signed by the
applicant. In every case, we as agents can sign all necessary papers required
for a filing date.
TRADEMARKS
- Items Needed to Obtain a Filing Date
- identification of the trademark;
- list of wares and/or services (a single application may include
wares and/or services of different classes - there is no formal
classification in Canada);
- date of first use of the trademark in Canada (if the trademark
has been used in Canada), for each general category of wares
and services;
- name and address of applicant and name(s) of any predecessor(s)-in-title
who used the mark; and,
- particulars sufficient to identify any foreign counterpart
registration or application relied upon (optional - see paragraph
2 below).
To obtain a filing date, we can prepare the necessary application
and execute it as agents.
- Bases for Application
A Canadian application may be based upon one or more of the following
grounds:
- use in Canada (may include use by a named predecessor-in-title);
- registration (or application to register) in applicant's country
of origin, coupled with use anywhere;
- proposed use in Canada by the applicant (not available if the
mark has been used in Canada); and,
- proposed use in Canada by a licensee.
- Completion/Formal Drawings/Specimens
There is no statutory time limit for completion, but a completion
fee is payable if the application is originally filed incomplete.
If the mark is a design mark, formal drawings must be filed to
complete the application. We can arrange to have formal drawings
prepared locally on the basis of specimens or prints. No formal
drawings are required for word marks (composed of upper case block
letters). If the application is based upon registration or application
and use in the applicant's country of origin, a certified copy
of the foreign registration must be filed (together with English
translation, unless the document is already in French or English)
before the application will be advertised.
- Convention Priority
Convention priority must be claimed within six months of the
filing date of the earliest priority application. Please
provide us with the country, application serial number, and filing
date of the first-filed application. We do not require a certified
copy of the priority document.
- Licensees
A trademark may be licensed if the trademark owner controls the
character or quality of the wares or services with which the licensee
uses the trademark. A presumption of appropriate licensing arises
if the packaging/labelling/signage for the wares or services includes
details of the license and of the trademark owner. But, if the
trademark owner does not in fact control the character or quality
of the wares or services, then the distinctiveness of the trademark
may be prejudiced, rendering the trademark invalid. We recommend
that you review with us any licensing or proposed licensing of
the trademark to minimize potential prejudice to the trademark.
For more information please contact us.