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Canadian Trade Mark Registration

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Lawdit Solicitors - Expert Author

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If you are thinking about registering a trade mark in the USA you may also wish to consider registering a trade mark in Canada.

Registering a trade mark in Canada has some elements in common with the US system but on the whole it is a simpler process.

The Canadian Trademark system also includes provisions requiring that the mark should be being used in the Canadian market before it will grant the registration. However unlike the US as a general rule it does not require evidence of this to be submitted. Instead it relies on a declaration submitted by the applicant that such use is being made, although it does reserve the right to request evidence if it sees fit.

The Canadian Trademark Office does not use the international classification system as many other offices including the US, UK and EU do. Therefore all that is required is a list of the goods and or services, referred to as wares and services, which the applicant wishes to include in its application. This not only simplifies the process by avoiding the need to find the right classes in which to place the various goods and services but can also save the applicant money in terms of the filing fees. This is particularly true where the applicant has a wide range of goods and services that it wants to include as most countries which adhere to the international classification system charge additional fees depending on the number of classes chosen.

Unlike the US, Canada is not a member of the Madrid Protocol and as such the only option to gain a Canadian trade mark is to apply directly to the Canadian Trademark Office.

For further information please contact Christina King


About the Author

Lawdit Solicitors offer services and advice for litigation, commercial contracts, Intellectual Property and IT legal agreements. We are experts in commercial law with a heavy emphasis on Intellectual Property, Internet and e-commerce law. Lawdit is a member of the International Trademark Association, the Solicitors' Association of Higher Court Advocates and we are the appointed Solicitors to the largest webdesign association in the world, the United Kingdom Website Designers Association.



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Article Published/Sorted/Amended on Scopulus 2007-07-27 22:28:53 in Legal Articles

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