Canada is a country located in the northern part of North America, and is known as the world’s second-largest country by total area. In recent years, Canada and Vietnam have been strengthening the friendship and multifaceted cooperation in many fields, especially in economic field. Due to this cooperation, the number of Vietnamese enterprises established in Indonesia has been increasing rapidly. However, a lot of Vietnamese companies don’t know how to protect their brand in Canada. Therefore, hereinafter, we shall consult you about the law of trademark in Canada as follow.
1, What is trademark in Canada?
Trademarks can be one or many letters, words, sounds or designs used to distinguish the goods or services of one person or organization from those of others.
Over time, trademarks come to stand for not only the actual goods or services a person or company makes, but also the reputation of the producer. Trademarks are very valuable intellectual property.
There are three types of trademarks:
- An ordinary mark is made up of words, sounds, designs or a combination of these used to distinguish the goods or services of one person or organization from those of others. For example, suppose you started a courier business that you chose to call Giddy-up. You could register these words as a trademark (if you met all the legal requirements) for the service that you offer.
- A certification mark can be licensed to many people or companies for the purpose of showing that certain goods or services meet a defined standard. For example, the Woolmark design, owned by Woolmark Americas Ltd., is used on clothing and other goods.
- A distinguishing guise is about the shape of goods or their containers, or a way of wrapping or packaging goods that shows they have been made by a specific individual or firm. For example, if you manufactured butterfly-shaped candy you could register the butterfly shape as a distinguishing guise.
2, Registable sign
The following signs below are capable of distinguishing the goods or services of different individuals and organizations:
3, The followings are not the signs of registrable as trademarks:
- any generic name
- signs that are in conflict with Canada’s moral standards
- signs that may threaten public order
- name of any international organization
- flag of states or symbols of nations and regions
- non-distinguishable marks
- geographical names
- deceptive names that may suggest a connection with a living person
- portrait of a person who died within the last 30 years
- signature of a person who died within the last 30 years
- marks associated with a variety of plant (Plant Breeders’ Rights Act)
- marks that can be mistaken as similar-looking to any mark published in the Canadian Trademarks Journal
4, Time frame for obtaining the trademark registration
The approximate time for application to registration in Canada is about 12-14 months, if there’s no opposition
- Why you need to register trademarks in Canada.
In Canada, trademark registration is not compulsory, it is legal to use an unregistered trademark for goods and services. However, you really should register your trademark, since a trademark is unique, a trademark shall stand not only for the actual goods and services you sell, but also for your company’s reputation and brand.
By registering your trademark, you protect it under law from misuse by others, and you gain exclusive rights to use it throughout Canada for 15 years (a term that you can renew).
Please click here to know the fee of trademark registration in Canada. Also, you can visit here to see the procedures and required documents for trademark registration in Canada.
Or sending your inquiry by filling the form:
- Trademark search in Canada
- Trademark registration in Canada
- The required documents
- The time frame of TM registration
- The fees of TM registration in Canada
- Trademark renewal in Canada