What are the procedures for Canadian trademarks from submission of examination to issuance of certif

Information and procedures required for trademark registration in Canada.

1. Trademark drawings;

2. Power of attorney signed by the applicant;

3. The application form, including the name and address of the applicant, the trademark name, the designated goods and services category and the specific name;

Analysis of Trademark Handling Channels in Canada:

Canada is not a member of Madrid and, as such, can only be handled in a single way. Trademark renewals in Canada: Each renewal is valid for 15 years. An application for renewal can be made within 6 months of the Registrar's notification of renewal.

Trademark registration process in Canada:

Formal examination: After the application is submitted, the legality review of the submitted application documents, trademark drawings, power of attorney and other documents is carried out; If the requirements are met, the filing date and application number will be granted.

Substantive examination: Examine whether the trademark is registrable according to the law, whether it is the same or similar to the previously registered trademark, and whether it violates the prohibition clause of the trademark law. For trademarks that do not pass the substantive examination, the examiner will notify the applicant in writing and inform the applicant of the reasons for refusal.

The applicant has a time limit from the date of receipt of the notification of refusal to file a review, failing which the application will be considered abandoned and neither the filing date nor the application number will be retained.

Announcement: After examination, the examiner finds that the trademark application is acceptable, and then publishes a notice in the Official Trademark Gazette of Canada. The opposition period is 2 months from the date of announcement.

Submission of a declaration of use: After the above procedure, the Trademark and Patent Office issues a "Notice of Permission", which is not a registration certificate; Based on the intended use of the trademark, before the issuance of the registration certificate, within 6 months after the issuance of the "Notice of Permission", the applicant must provide a declaration of bona fide use of the trademark in commerce, which can be extended.

Registration Approval: After receiving the declaration of bona fide use, the Trademark and Patent Office will conduct another examination. A certificate of registration is issued if, after review, it is decided to accept a declaration of genuine use.

The entire smooth application process (if there is no rejection, opposition, etc.) takes about 10-15 months.

Validity period of Canadian trademark: 15 years from the date of registration, if the registration expires and needs to continue to be used, the application for renewal of registration should be 6 months before the expiration of the registration period, and the validity period of each renewal registration is 15 years.

Canada's trademark management department is the Canadian Intellectual Property Office (CIPO), which is part of Industry Canada, and trademark protection covers the entire Canadian Commonwealth.

1.Formalities: After submitting the application by paying the application fee, CIPO will issue a confirmation notice to formally accept the application;

2.Examination: This phase lasts a long time, with the standard of service being the issuance of the preliminary examination report within 6 months, but the actual time is often exceeded.

In our experience, the examination time is closely related to the scope of registration of the application. If the scope of the registration is too broad, or if the registered goods and services do not use a standard name, the examination time is generally longer. There are generally three outcomes of the review:

If the application is approved, an approval notice will be issued; The application requires amendment, generally the description of the goods and services does not meet the standards, and it is sufficient to submit it after the amendment; The application is refused, usually due to confusion caused by the similarity of the application to an existing Canadian trademark.

If no objection is filed within 2 months of the announcement, the application will be finalized. If the application is opposed, the opposition procedure is initiated. The opposition procedure can take up to more than 2 years, and in order to save manpower and material resources, the applicant and the opposing party will generally negotiate a settlement.

In the past, a client's trademark application was opposed by Canada's largest pharmacy chain group (Shoppers Drug Mart), and the client negotiated with the opposing party with our assistance and finally successfully registered the trademark.

4.Final Approval: If the application is not opposed, CIPO will send a Notice of Allowance 3 months after the announcement;

5.Registration: If the trademark is already in use, the applicant can pay the registration fee and obtain the trademark registration certificate and other documents immediately after receiving the final approval notice.

If the trademark has not been used, you need to wait for the actual use of the trademark before you can pay the registration fee and receive the registration certificate.

The time taken for a Canadian trademark to be filed and the final certificate of registration is obtained. According to CIPO estimates, if the application is prepared correctly, there is no need to amend it, and there is no opposition, the whole process can be completed in 10 to 14 months, but in practice, it usually takes 12 to 18 months. The trademark is valid for 15 years after registration, and there is no need to renew it like a U.S. trademark (8 declaration).

The trademark applicant submits the trademark application documents to the Canadian Trademark Registry, which includes the application form, drawings (the word or letter trademark does not need to submit drawings, the drawings must be black and white, and if the trademark features contain color, the color must be described), and the trademark application can be in paper form or can be filed electronically through the official website of the Canadian Intellectual Property Office; A person or business that does not have a residence or business office in Canada shall appoint a person or business that has a residence or business office in Canada to be the addressee for service. The next trademark enters the trademark examination stage, the trademark registrar will examine whether the trademark is registrable, whether it is similar or identical with the trademark applied for, and whether it complies with the relevant provisions of the Trademark Law. Anyone can file an opposition to the trademark, during which the opponent and the trademark applicant can make a trademark ruling, and the trademark that has passed the opposition ruling or the trademark that has no opposition during the opposition period will be approved for registration and a trademark registration certificate will be issued. Trademark registration in Canada completed.

1. Trademark application.

The trademark application documents include the application form, drawings (word or letter trademarks do not need to submit drawings, the drawings must be black and white, if the trademark features contain color, the color must be described), the trademark application can be in paper form, or the application can be filed electronically through the official website of the Canadian Intellectual Property Office; A person or business that does not have a residence or business office in Canada shall appoint a person or business that has a residence or business office in Canada to be the addressee for service.

2. Trademark examination.

Before the trademark examination, the examiner will conduct a trademark search to ensure the registrability of the trademark;

3. Trademark search.

Before the mark is finally published, the Registrar of Trade Marks will conduct a second search of the mark to ensure that there are no trademark applications and registered marks that conflict with the mark for which registration is being sought, and if there is a conflict, the Registrar will ask the applicant for comments.

4. Trademark disclosure.

Successful trademarks will be published in the Trademark Journal, every Wednesday.

5. Trademark opposition.

Any person who has a trademark document published in the Trademark Journal may oppose the registration of the trademark within three months from the date of publication.

6. Trademark registration.

If the trademark is applied for registration based on intent to be used, the applicant should submit a statement that the trademark has commenced use before the Trade Marks Registrar will issue a trademark registration certificate.

1) The name of the applicant and the address of the shack;

2) Trademark class (goods or services).

3) the drawing or text sample of the applied trademark;

4) Copies of relevant documents;

5) Power of attorney and application;

6) If it has been used in Canada and Chai has been used in Canada, the date on which it has been used or intends to be used in Canada.

1. First of all, carry out a detailed understanding, provide product or service description and registration information, and conduct preliminary trademark inquiry; Preliminary negotiations, signing of contracts, provision of information, delivery of funds;

2. The official review includes the legality of the application documents, trademark drawings and power of attorney. Trademark availability and other related issues.

3. At the publication stage, if it is considered that the trademark application can be accepted after examination, the announcement will be published in the official Canadian trademark gazette. The opposition period is 2 months.

4. After the above procedures are completed, the Canadian trademark user needs to submit a declaration of use. After receiving the declaration of use at the Trademark and Patent Office, the search will be conducted again. After that, the trademark registration certificate will be issued.

1.Formal examination, legal examination of the submitted application materials, trademark samples, etc., and the approval of the grant of application number.

2.Substantive examination is to examine whether the relevant provisions of the Trademark Law have been violated.

3.Publication is a good smile after all examination has passed, and trademark application is recognized and will be published in the trademark gazette of Canada, and there is an opposition period of two months from the publication date.

4.After the above procedures have been cleared, the Trademark and Patent Office will issue a certificate of registration.

In addition, it is important to note that a Canadian trademark is valid for 15 years from the date of registration, and it is necessary to apply for renewal 6 months before the expiration date, and the renewal is used for 15 years. The receipt time of the relevant agency is about 2 weeks, and the registration time is about 2 years, and the relevant agency will revoke the trademark if it is not used for three consecutive years.

1.Formal examination, the legal examination of the application materials and trademark samples that have been submitted to the elderly, and the application number is granted to those who have passed the examination.

2.Substantive examination is to examine whether the relevant provisions of the Trademark Law have been violated.

3.After the examination has been passed, the trademark application is recognized, and it will be published in the Canadian Trademark Gazette, and there is an opposition period of 2 months from the date of publication.

4.After the above procedures are correct, the Trademark and Patent Office will issue a certificate of registration.

In addition, it should be noted that the validity period of a Canadian trademark is 15 years from the date of registration, and it is necessary to apply for renewal 6 months before the expiration of the period, and the renewal of the exhibition hall companion for 15 years is required. The receipt time of the relevant agency is about 2 weeks, and the registration time is about 2 years, and if it is not used for three consecutive years, the relevant agency will revoke the trademark.

1.Upfront communication.

Communicate in detail the specific situation of the trademark to be registered, including the distinctiveness of the trademark, the registration category, whether there is an earlier application, whether it violates the prohibition clause of the trademark law, analyze the probability of successful trademark registration, determine the countermeasure, as well as the period of trademark registration in Canada, the required information and costs, etc.

2.Sign a consignment contract.

Sign the entrustment contract, guide the company to take the materials required for trademark registration, and charge the best service fee.

3.Preparation of trademark registration application.

Prepare the trademark registration application, improve the factual and legal evidence materials, complete it within 7 working days, and confirm it to the customer.

4.Filed with the Canadian Trademark Office.

Submit to the Canadian Trademark Office, the Trademark Office will review the application and related evidence, and our company will follow up the whole process and give feedback on the case as soon as possible.

5.Publication and Objection.

If the application is approved, it will be published in Trade-MarksJournal approximately 5 months after the approval notice is issued. The opposition period is two months from the date of publication. If an objection is raised, the applicant will be notified and asked to submit a defence within 2 months, after which the applicant and the objector may be confronted by submission of evidence, arguments or oral examination.

6.Trademark registration.

Issuance of a notice of approval, payment of the registration fee within the given period, issuance of the registration certificate, and the acquisition of trademark rights. After obtaining the certificate, our company will send it to you as soon as possible.