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  1. ised-isde.canada.ca › trademarks › trademarks-guideTrademarks guide - Canada

    This guide explores what trademarks are, how they can benefit you and your organization, and why registration is important. On this page. Understanding trademarks; Filing a trademark application; Registering a trademark outside Canada; Expungement of a trademark registration; Renewal fee; Use in Canada (section 45 proceedings) Transfers ...

  2. Registering a trademark means it is entered in the Canadian Register of Trademarks. Registering a trademark gives you the sole right to use it across Canada for 10 years . Start the registration process by submitting a trademark application with the Canadian Intellectual Property Office (CIPO).

  3. Five reasons to register your trademark: It provides proof of ownership. It gives you the exclusive right to use the trademark in Canada for 10 years. It discourages others from using your trademark without permission. It gives you more enforcement options. It protects the value of your trademark.

    • Nationwide Trademark Protection Across Canada For 10 Years
    • Priority Rights in Respect of Applications in Other Jurisdictions
    • Right to Exclusive Use of The Trademark in Canada
    • Enhanced Ability to Enforce Trademark Rights in Canada
    • Lower Cost of Enforcement
    • Availability of Monitoring For Counterfeit Products at The Canadian Border
    • Public Notice of Ownership of The Trademark in Canada
    • Enhanced Ability to License Trademark Rights in Canada to Others
    • The Creation of An Asset on Your Company’S Balance Sheet
    • The Ability to Initiate Domain Name Disputes and Register A .ca Domain

    A trademark registered in Canada is protected nationwide. If the owner continuously uses the trademark in connection with the goods and services with which the trademark is associated, the mark is protected. The registration of a trademark provides the exclusive right to use the trademark in connection with the goods and services associated with th...

    A trademark owner who files an application for its registration in Canada can, within 6 months of that filing, apply for registered trademark protection in any of the other countries under the Paris Convention (including, among them, the United States, the UK, and China) and this application will have priority over other applications for the same o...

    Registering a trademark gives the trademark owner statutory exclusive rights to use the trademark for the goods and services with which it is associated in Canada. This exclusive right is an assumed right that is evidenced simply by owning a registration, whereas there is an evidentiary burden to show common law rights to a trademark. To be afforde...

    Once a trademark is registered, the same or a confusingly similar trademark cannot be registered in Canada. Accordingly, registering a trademark can dissuade others from attempting to register the same or a confusingly similar trademark. In the event that another adopts and uses the same or a confusingly similar trademark, the owner of the register...

    As a result of the evidence provided by a trademark registration of the exclusive right to use the trademark for the goods and services with which it is associated in Canada, registered trademark owners benefit from a lower cost of enforcement when disputes arise. The cost of documentary and oral discovery to prove the existence of sufficient reput...

    Owners of registered trademarks may benefit from the assistance of the Canadian Border Services Agency in detecting counterfeit goods. The CBSA has the authority to temporarily detain goods at the border that they suspect are counterfeit without a court order. Owners of Canadian trademarks may register for the CBSA’s Intellectual Property Right (IP...

    A registered trademark is entered in Canada’s Register of Trademarks. This Register is the record of all trademarks that have been applied for or registered in Canada. Registration of a trademark, through its inclusion in the Register, serves as a public notice that the trademark is protected and that the trademark owner has a claim to exclusivity....

    A brand protected through a registered trademark is a valuable business asset. Although both registered and unregistered trademarks may be licensed, the value of the licence to the licensee is greater when then trademark has been registered as the trademark owner's rights to the mark are stronger and more easily enforced against others. A trademark...

    Although registered and unregistered marks both have value and represent assets of a business, assigning a monetary asset value to a registered mark is more easily justifiable and such a trademark is more valuable for all of the reasons set out in this article. Additionally, a registered trademark may be viewed positively by potential investors in ...

    If a trademark owner discovers someone is using their registered trademark in a domain name, there is the ability to initiate a dispute through the Canadian Internet Registration Authority (CIRA) or Uniform Domain-Name Dispute Resolution Policy (UDRP). This provides for registered trademark owners to arbitrate certain claims against a domain name r...

  4. Apr 21, 2021 · The following details the steps and considerations in protecting your trademarks, including the benefits of registering your marks in Canada. What is a Trademark? A trademark consists of any word, design, logo, slogan or any combination of these, which are used or proposed to be used by an individual or company to distinguish its goods or ...

    • Nicoletta Ranieri
  5. Oct 17, 2023 · When you register a trademark, you gain exclusive rights to use it across Canada for ten years, with the option to renew every decade thereafter. Registration involves entering your trademark in the Register of Trademarks, providing you with a certificate of ownership.

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  7. Contents. What is a trademark? Why use a trademark? Why register a trademark? When to register a trademark in Canada – and when not to bother. What is a trademark? A trademark is a mark that distinguishes goods or services in the marketplace.

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