What is a trade-mark?
Why register a trade-mark?
Who can register a trade-mark?
How long is registration
effective?
Criteria
for obtaining a registration of a trade-mark?
What are the steps
of trade-mark registration?
Does registration in Canada protect the owner’s rights in other countries?
What is a trade-mark?
A trade-mark is a word or design, or a combination of these,
used to distinguish the goods or services of one person or
company from those of others.
There are three basic types of trade-marks. Ordinary marks are
words and/or symbols that distinguish the goods or services of a
specific entity. Certification marks identify goods or services
that meet a standard set by a governing organization.
Distinguishing guise identifies the shaping of wares or their
containers, or a mode of wrapping or packaging wares.
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Why register a
trade-mark?
Registration is evidence of exclusive ownership across Canada
and helps ward off potential infringers. It enables the owner to
more easily protect your rights should someone challenge them
since the onus is on the challenger to prove rights in a
dispute.
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Who can register a
trade-mark?
Companies, individuals, partnerships, trade unions or lawful
associations, provided they meet the requirements of the
Trade-marks Act.
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How long is
registration effective?
Except dispute by third parties, a registration is valid for 15
years and is renewable every 15 years thereafter upon payment of
a fee.
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Criteria for obtaining a registration of a trade-mark?
The trade-mark should be distinctive or be adapted to
distinguish the products or services of an entity from those of
the others. In general, the following marks may not be
registered: words that are clearly descriptive of the character
or quality of the products or services, terms that are
misleading, words that designate a place of origin, terms and
symbols that are expressly prohibited under the Trade-marks Act.
The latter includes symbols of national and international
organizations and terms that are considered immoral or
offensive. Other types of marks which may not be registered are
plant variety denominations and protected geographical
indications for wines and spirits. Obviously, the marks which
create confusion with registered trade-marks are not registrable.
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What
are the steps of trade-mark registration?
Trade-mark registration usually involves:
- the preliminary search of existing trade-marks. The search helps the
applicant to determine if his application is likely to succeed. It
enables him to avoid infringing rights attached to marks pertaining to
third parties;
- the filing of an application;
- the examination of the application by the Trade-marks Office;
- the publishing of the application in the Trade-marks Journal;
- a period granted to third parties to oppose the application;
- the allowance and registration (if there is no opposition).
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Does registration in Canada protect the owner’s rights in other countries?
No. If the products are sold in other countries, the owner should consider
filing foreign applications.
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