Canadian Trade Mark Registration
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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
For further information please contact
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