Trade-marks are registered in Canada pursuant to the Canadian Trade-marks Act.
The Canadian Intellectual Property Office (CIPO), which is part of Industry Canada, is the agency responsible for all forms of Intellectual Property in Canada, including trade-marks, patents, industrial designs and copyrights.
The Trade-marks Office is the federal agency within CIPO which is responsible for registering trade-marks in Canada and is directed by the Registrar of Trade-marks. The Canadian trade-mark registry is maintained in the Canadian Trade-marks Office located in Hull, Quebec.

Canada is a member of the Paris Convention.

Registering a Trade-mark in Canada

To register a trade-mark in Canada, a trade-mark application is filed in the Canadian Trade-marks Office together with the required government filing fee ($250 for electronic filing and $300 for paper filing).

The Trade-marks Office will give the application an official filing date and serial number and the application is then examined by the Examiner in the Trade-marks Office to assess whether a) the application is in proper form, b) the trademark is registrable pursuant to the Act, c)the applicant is the person entitled to registration.

If the Examiner determines that the application is in order for acceptance the application is then advertised in the Canadian Trade-marks Journal, providing any interested party to oppose the application within in 2 months of application being advertised.

Provided no opposition is filed against the application, the application is then allowed and the Trade-marks Office will require that a Statement of Use be filed declaring that the trade-mark has been used in Canada prior to issuance of registration for an application based solely on proposed use in Canada and payment of the registration fee.

In the case of an application filed based on registration of the trade-mark in another country of the Union, prior to advertisement of the application, the Office will require a certified copy of the foreign registration.

Our Trade-mark Services

McDermid Turnbull & Anglehart provide their International clients with counsel and representation in all aspects of trade-marks, including the following trade-mark services:

• Consultation; advice as to feasibility
• Registrability searches and opinions
• Preparation, filing and prosecution of trade-mark application to registration
• Maintaining docket for relevant due dates
• Maintaining watching service
• Trade-mark renewals
• Section 45 Proceedings
• Trade-mark Assignments – preparation and filing assignment
• Opposition Proceedings
• Opposition Settlement
• Settlement and Licensing