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    • Can be registered or unregistered

      • In Canada, a trademark can be registered or unregistered. A registered trademark in Canada is one that has been formally entered onto the official register of trademarks. Trademark registration in Canada is a matter of federal jurisdiction, governed by the Trade-Marks Act. A trademark that has not yet been registered is often marked with (TM).
  1. ised-isde.canada.ca › trademarks › trademarks-guideTrademarks guide - Canada

    • Understanding trademarks. To succeed in the business world, you need to send the right message and develop the right image. If people cannot pick your products or services out from the crowd, they might work with another person or company that is easier for them to notice.
    • Filing a trademark application. Preparing a trademark application. A complete application includes: the name and mailing address of the applicant. a representation or description, or both, of the trademark.
    • Registering a trademark outside Canada. Registering your trademark with the Registrar protects your rights in Canada only. If you wish to market goods or services in other countries, you should think about getting trademark registration(s) there as well.
    • Expungement of a trademark registration. When someone registers a trademark, they gain a very valuable right. However, they can lose that right (expungement, or removal, from the Register of Trademarks) unless they carry out specific responsibilities.
  2. Apr 20, 2023 · In Canada, a trademark can either be registered or unregistered. A trademark may consist of letters, words, sounds, textures, designs, colours, scents, or any combination thereof to distinguish one company’s goods and services from another company.

    • Registered Trademarks Under The Trademarks Act
    • Unregistered Trademarks at Common Law
    • How to Decide Which Trademarks to Register

    Trademarks may be registered under the Canadian Trademarks Act. Once the application and registration processeshave been completed, a registered trademark owner has the exclusive right to use his or her trademark across Canada in association with the goods and services specified in the registration for 10 years beginning on the day of registration,...

    Unregistered trademark rights (or non-registered trademark rights) are governed by common law in Canada rather than the statutory Trademarks Act. Common law in Canada is formed through custom and judicial precedent rather than legislated through statutes. Although there are no upfront costs associated with "having" unregistered trademark rights, su...

    Trademark registrations will be among a business's most valuable intellectual property assets. Registering trademarks has been shown to, on average, raise firm profitability by 1.7% and firm value by 11.9%. Yet it may not be worthwhile for a business to expend financial resources to register every trademark it will use in every jurisdiction the tra...

  3. What is the difference between unregistered and registered trademarks in Canada? An unregistered trademark is automatically acquired through use, while a registered trademark is officially recognized by the government after registration. What are the benefits of registering a trademark in Canada?

  4. In Canada, a trademark can be registered or unregistered. A registered trademark in Canada is one that has been formally entered onto the official register of trademarks. Trademark registration in Canada is a matter of federal jurisdiction, governed by the Trade-Marks Act. A trademark that has not yet been registered is often marked with (TM).

  5. Jun 26, 2024 · In Canada, trademark registration is not mandatory, but is necessary to get all of the advantages under the Trademarks Act. The Canadian Intellectual Property Office (“CIPO”) oversees the Trademarks Act , and registration involves the following steps:

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  7. Oct 17, 2023 · You can register any trademark that adheres to the Trademarks Act’s guidelines. However, unregistrable trademarks include names and surnames, clearly descriptive or deceptively misdescriptive marks, place of origin indicators, words in other languages, and trademarks identical or likely to be mistaken for prohibited marks.

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