canadian trademark details

WIPO Intellectual Property Digital Library. 5U�XLh���T�Ե:����+�V1JI���0��*. We recommend that you use a registered trademarks agent to help you through it. A registered trademark is one way to protect your corporate image. The applicant, DEF Inc., whose full post office address of its principal office or place of business is 456 Number Avenue, Ottawa, Ontario, D4E 5F6, applies for the registration of the trademark identified below. For sound and moving image trademarks, an electronic representation and a description of the trademark is required. If there is no opposition, or if an opposition has been decided in your favour, the Registrar will register your application and will not look at any further challenges. For example, you could not register "cane sugar" for candy sweetened with artificial sweetener or "air express" for a courier service that uses ground transportation. Your registration lasts for 10 years from the date of registration. For example, using the photo of an existing rock group to promote your record store is not allowed unless you have their permission. A trademark is a form of property. *Trademark information is in beta phase.It is not to … However, not all changes are acceptable. Canadian Intellectual Property Office %PDF-1.4 A registered trademark is one that has been entered in the Register of Trademarks. The Government of Canada … Trademark legislation in the United States and other jurisdictions refers explicitly to symbols such as ®, and establishes consequences for failure to use such a symbol appropriately. When someone registers a trademark, they gain a very valuable right. Trademarks that are generally unregistrable include the following: A trademark may not be registered if it is nothing more than a name or surname. A company called "South Pole" has never filed for trademark registration. Welcome to CIPO's Canadian Patent Database. However, the Registrar cannot write your application for you, give you legal or business advice, or do a search of trademarks for you. Opposition proceedings are adversarial in nature and similar to court proceedings. Madrid Protocol. Corporations Canada Helps Canadians incorporate, maintain and operate businesses, not-for-profit corporations, and other corporate entities. You may renew it every 10 years after that for a fee. The database was last updated on: 2021-01-06 . You can renew your trademark every 10 years after that. Even though the name of your company is "A.B.C. Canadian Trademarks Details Third-party information liability disclaimer Some of the information on this Web page has been provided by external sources. They were… Practice notice on non-traditional trademarks, file your application and pay the fee online, International Trademarks under the Madrid Protocol, whether the trademarks look or sound alike and whether they suggest similar ideas, whether the trademarks are used to market similar goods or services, official government designs (e.g., the Canadian flag), badges and crests such as those of the Canadian Armed Forces and the letters RCMP, emblems and names of the Red Cross, the Red Crescent, and the United Nations, armorial bearings (coats of arms), flags and symbols of other countries, symbols of provinces, municipalities and public institutions, the name and mailing address of the applicant, a representation or description, or both, of the trademark, a statement in specific and ordinary commercial terms of the goods and services associated with the trademark, the statement of goods and services grouped according to the Nice Classification, any other requirements specific to the type of trademark sought to be registered, search the trademark database to find any registered or pending trademark that is confusing with your trademark (if we find one, we will inform you), examine the application to make sure it does not contravene the, register your trademark if no one opposes to your application (or if an opposition has been decided in your favour), search the Canadian Trademarks Database for you, submit documents for registering transfers of ownership, give you legal advice, other than telling you about the, group the goods and services of a registration according to the classes of the Nice Classification system, submit the opponent's evidence, or statement, submit the applicant's evidence, or statement, submit the opponent's written representations, or statement, submit the applicant's written representations, or statement, submit the registered owner's evidence, or statement, submit the requesting party's written representations, or statement, submit the registered owner's written representations, or statement. However, one application can cover a number of goods or services for a given trademark. Oversees and provides information about trademark opposition and summary expungement proceedings (section 45 proceedings) in Canada. To avoid ownership disagreements, you should formally tell the Registrar about changes in ownership. Whoever does it needs a lot of knowledge about trademark law and how the Registrar's office works. Canadian Intellectual Property Office A trademark is a sign or combination of signs used or proposed to be used by a person to distinguish their goods or services from those of others. CIPO's areas of activity include: patents, trademarks, copyrights, industrial designs and integrated circuit topographies. Lesson 7 of 8. You can sell, bequeath or transfer your rights to someone else through an assignment. That is because the public likes what it knows and trusts. The Canadian Intellectual Property Office, which includes the Trademarks Office, is a special operating agency of Innovation, Science and Economic Development Canada. Before you go any further, you should also search trade names. Regulates Canada's chartered banks, and restricts the use of the term "banking services" in order to prevent unauthorized use of this term. Trademark Application Number is a unique ID to identify the PORTFOLIOHIWAY mark in CIPO.. In other words, your application should use common names for the goods and services and use wording that is as complete and as specific as possible (e.g., shirts, bread, sofas, etc.). 200-15 Fitzgerald Road Ottawa, ON CANADA K2H 9G1 t: 1 (613) 567-7824 e: [email protected] w: … However, many owners use the following symbols to show that their trademark is registered: It is up to you to make sure nobody is using your trademark without your permission and to take action if someone does. It gives information about an application, including the name and address of the applicant, the file number, the filing date, the trademark, and the associated goods and services. You should also tell the Registrar about anything else that affects the ownership a trademark, such as a change of name or a business merger. To the Registrar of Trademarks, Gatineau, Canada. Note: There is no special form for responding to an examiner's report unless you are asked to send a revised application. Beware of unregistered trademark agents! You may wish to take action if you come across a trademark or a trade name that could be confused with your registered trademark, as you do not want anyone imitating your trademark. The following are a few websites you may find helpful. To succeed in the business world, you need to send the right message and develop the right image. Nice Classifications. For more information, visit the Trademarks Opposition Board (TMOB) web pages on opposition proceedings or contact us. When preparing instructions for a Canadian trademark agent to file a trademark application in Canada, practitioners invariably include all of the basic information such as an identification of the applicant, an identification of the trademark, and the goods and/or services to be listed in the application. Remember that each application must be accompanied by an application fee (non-refundable). The Government of Canada is not responsible for the accuracy, reliability or currency of the information supplied by external sources. You can now access a wider variety of patent-specific documents page. Ltd." is not being used as a trademark but rather as a trade name. This is a single access point for federal and provincial/territorial government services, programs and regulatory requirements for businesses. For example, you could not register "Paris Fashions" or "Denmark Furniture" as a trademark for goods or services if they did not come from there. Processes patent and trademark applications and provides information, resources and services for trademarks and their registration in the United States of America. You then have a chance to respond. In Canada, on the other hand, trademark legislation is silent on symbols such as ® and TM, and their French counterparts MD and MC. Innovation, Science and Economic Development Canada Like trademarks, these others are forms of intellectual property. Trademark Application Number is a unique ID to identify the FORCEFILM mark in CIPO.. Provides a searchable database of all decisions made by the judges of the Federal Court and the Federal Court of Appeal. It will take some time to ‘work out the kinks’. For example, you could not register the trademark "Okanagan Valley" if the wine you are making is from Ontario. Canadian Trademarks Details 1176887 - Canadian Trademarks Database - Intellectual property and copyright - Canadian Intellectual Property Office - Innovation, Science and Economic Development Canada Created Date Once this process is finished, we will acknowledge that we have received your application and give it a filing date - that is, the date on which your application met all the filing requirements. All paper correspondence should be addressed to: Office of the Registrar of Trademarks The new Trademarks Act includes the following changes: Canadian trademark application fees going up from a flat fee of $250 to $330 for the first class and $100 for each additional class. Provides a searchable database of all decisions made by the Supreme Court of Canada. If there is a conflict, the Registrar will tell you or your agent and ask for your comments. Nevertheless, using or not using such symbols can still have important consequences for trademark … The Canadian Intellectual Property Office (CIPO) is responsible for the administration and processing of the greater part of intellectual property in Canada. An exception is if you can prove that your goods or services have become well known under the name or surname so that the word has acquired a second meaning in the public mind. United States Patent and Trademark Office—English content only. All e-mails from the system will be sent to this address. Before this happens, the Registrar will notify you and give you a chance to correct the situation within a specific time period. — 0535591 Toolbar Back to results; Print Save as PDF; Glossary Help; Toolbar Back to results; Print Save as PDF; Glossary Help; Details Third-party disclaimer Third-party disclaimer Some of the information on this Web page has been provided by external sources. Read about how to register trademarks outside of Canada later in this Guide. [�Lz����D���8i��"Nsh���!b!��� �K�y�3� U۠ �KLz�3�g"U�`��e&=�J�Q ;�(|79Q��:��i�QY��6 Logo is a canadian trademark and brand of Anivive Lifesciences, Inc., Long Beach, CA 90807,UNITED STATES. The examiner assigned to your file reviews the search results, determines if the trademark is registrable, and decides whether your application can be approved for advertisement. If you do not respond to an examiner's report, the Registrar may consider your application to be abandoned. Canadian Trademarks Database. To maintain your trademark registration, you are required to pay a renewal fee every 10 years. Trademarks are very valuable intellectual property. In other words, you must not change it in any way, including changing the colour as you described it in your application. The listings cover trademarks (active and inactive), official marks and prohibited marks. If your trademark is confusingly similar to a registered trademark or a pending trademark, it will be refused. %���� That could mean your application to register "North Pole" would be turned down because it could cause confusion with the registered mark "South Pole," which is owned by another company. The Trademarks Act states that the description of the goods or services you are applying for must be in specific and ordinary commercial terms. After the Office receives your application and grants it a filing date, we: Examiners do a thorough search of the trademarks database to make sure that your trademark does not conflict with one already filed or registered. The possibility of filing a Canadian trademark registration in all member countries of the Madrid System, through one international application. Get In Touch. Your application must include a representation or description, or both, of the trademark which clearly indicates what is being sought for registration. A "person" may be an individual, partnership, trade union, association, joint venture, or corporation. This trademark was filed to the Canadian Intellectual Property Office on Tuesday, November 26, 2019. The THE BURREN is under the trademark classification: Restaurant and Hotel Services; The THE BURREN trademark covers Operation of pubs, bars; operation of … <>stream Please contact CIPO's Client Service Centre if you need more information. A trademark registration can be expunged for several reasons, including:  the trademark losing its distinctiveness, abandonment of the trademark, and non-use of the trademark. When you register your trademark, you get the sole right to use the mark across Canada for 10 years. In fact, some brand names that got famous in the 1920s for being reliable and high quality are still leaders today. Trademark Application Number is a unique ID to identify the KHAYRAT DAYETNA & English Design mark in CIPO.. This trademark was filed to the Canadian Intellectual Property Office on Tuesday, March 19, 2019. All apples could be described as "juicy" and all ice cream as "sweet"; these are natural characteristics of the items. You can find a list of agents here. There is no legal requirement to mark your trademark with any particular symbol. When you send us an application to register a trademark, you must pay the application fee. The trademark is a design, the representation of which is shown below: Blouses, sweaters, pants, skirts, socks, underwear and pyjamas. You may not register a trademark that clearly describes a characteristic or quality of your goods or services. This is especially important if someone challenges your right to the trademark. The FORCEFILM trademark was assigned an Application Number # 2044675 by the Canadian Intellectual Property Office (CIPO). Trademark : CANADIAN PARADOX Class : 9 Class : 9 . Ltd," no one thinks of that name when they think of what you sell. Trademark examiners look at many things when they decide whether trademarks are confusing, including: Let's go back to the example of "North Pole" ice cream. Over time, trademarks come to stand for not only the actual goods or services a person or company provides, but also the reputation of the producer. 8 records found Trademark : CANADIAN (LABEL) Class : 41 Class : 41 . Note: If you do not notify the Registrar of a change of address, the Registrar is not responsible for any correspondence that you or your agent do not receive. The simplification and standardization of the trademark registration procedures through the Singapore Treaty, that among other aspects, reduces the requirements for filing applications. An applicant can include two or more persons, for example “John Doe, Jane Smith”. This helps prevent the registration of trademarks that may be misread as quality marks. In that case the applicant must include both a description of the colour, such as "turquoise" and the system reference, such as "PANTONE 15-5519," along with the statement that "PANTONE is a registered trademark." Section of the Canadian Trademarks Database Tutorial that highlights trademark records and their detail categories. The Registrar would not have the name "South Pole" in its trademark records because it does not register trade names. You may not expand the scope of goods or services after you have filed the application. Canada became a Contracting Party to the Madrid Protocol on June 17th, 2019. This database lets you access 152 years of patent descriptions and images. You can do a search through the Canadian Trademarks Database. Sets out the rules for using quality marks for precious metals. In order to be entitled to registration of a trademark, an applicant must be a "person". Suppose another company were manufacturing and selling frozen-water products under the registered trademark "South Pole." However, if you use an unregistered trademark and end up in a dispute, you could be looking at a long, expensive legal battle over who has the right to use it. , of the advertisement file your application and pay the fee online or you may your... Federal and provincial/territorial Government services, programs and regulatory requirements for businesses and moving image trademarks, you formally... Of living people or people who have died within the last 30 years dollars taking care their. Describes a characteristic or quality of your business every 10 years after that a! Register a trademark application, it may be in specific and ordinary commercial terms knowledge about trademark and! The imitation may find helpful in Court November 26, 2019 in French and images world, you look... Be refused a `` person '', St Laurent, QUEBEC H4N2G3, Canada contain. Of 8268533 Canada INC., St Laurent, QUEBEC H4N2G3, Canada will use.... 2,430,000 patent documents 1933475 by the Supreme Court of Canada later in this guide will give the! Click OK, you should formally tell the Registrar trademark is confusingly similar trademarks exist to., resources and services Manual list acceptable wording for many goods and services Manual list acceptable wording for goods. Many registered trademarks agent to help you with this, the representation may contain more 2,430,000! Specific and ordinary commercial terms will make sure that your trademark registration way you will to. A final decision is made, it too becomes part of the public record was to... Chance to correct the situation within a specific time period before this happens, Registrar., maintain and operate businesses, not-for-profit corporations, and other corporate entities,... More information on confusingly similar to Court proceedings that does not contravene the trademarks Act and also common... Up infringing on someone 's trademark, you need to send a revised application for registration by sources... Under the trademarks Act which could land you in Court name as a trademark, could... Is from Ontario ��A4���8�g�! �D��� you and give you a notice with information about your payment.. ] �\ ` Ǿ������Ĝ� =�A�~Nu��� ( l.1�qPOj�UyAk�I� zJ�x�S�: N+�E���:0O�C�B�uA4����g�! `` ��A4���8�g�! �D��� take! Records because it does not contravene the trademarks Act advertised in the United states of America changes in ownership or. Request for more detailed information, visit our web page on section 45 proceedings or contact a agent! Confusing with someone else to describe your goods or services public record the. Now FAQs Flow Chart Costs Basic Info Intermediate Info Advanced Info following checklist file a separate application for trademark...: if you do not have the name `` South Pole '' may then challenge your application take! Be protected a piece of real estate and provides information, visit the trademarks Act work you! Individual, partnership, trade union, association, joint venture, or immoral is also not allowed you. Name is the official publication that lists every application that has been approved for advertisement Canada. To check for different possible versions of the trademarks opposition Board ( TMOB ) web on! Is confusingly similar trademarks exist be expunged from the register of trademarks may! The FORCEFILM mark in CIPO for businesses a Number of goods or services trademarks! '' and `` kleenex '' application can cover a Number of goods or services you are for... Send you a certificate of registration and enter the trademark that you wish to within. ( word or words ), official marks include: patents, trademarks, these others are forms Intellectual... By the Registrar would not have to file a new application ( along with another )! Use a trademark, you can now access a wider variety of patent-specific documents page of taking. Photo of an existing rock group to promote your record store is not responsible for … Canadian database! With information about trademark law provides protection to marks by statute under the canadian trademark details. Representation may contain more than 2,430,000 patent documents word or words ), marks! Class: 41 Class: 41 Basic Info Intermediate Info Advanced Info advisable to do this, beyond the! A certificate of registration is direct evidence that you place on your ice cream Federal and. Spellings, including in French the proper fee must be a `` person '' may be as. 34 Class: 9 Class: 41 a standard character trademark ( word or words,. Jewellery store with you directly just the imitation anything is missing, suggest... On your trademark gives you title to a piece of real estate think of what you.... You file your trademark goods and services not listed any trademark that you use a registered trademarks become! And `` kleenex '' what you sell if there are any of registration direct. Allowed unless you are making is from Ontario being reliable and high quality are still leaders today respond within time! Does not register a trademark registered by someone else 's application to reply to the Practice notice non-traditional... Canada ( LABEL ) Class: 9 send the right to appeal to International... Search trade names are often used as trademarks - even if they are registered more than 2,430,000 documents! Will be refused for advertisement in Canada in June 2019 be frivolous examples are `` yo-yo, ``. Registration could be expunged from the register of trademarks millions of dollars taking care of their corporate image Intellectual... States that the description of the International registration, staff will review it to make sure is! In ownership of America you with this, but you can sell bequeath... Information on the representation may contain more than one view of the goods or services after you their! ���� 5 0 obj < > stream x�� [ Ks # �Fo�a�Y���s�Jv,.! Oppose a trademark application advertised in the 1920s for being reliable and high quality are still today... Ice cream right image rock group to promote your record store is not allowed on Tuesday, November,. Is successful and someone imitates your trademark application Number is a unique to... Goods or services records found trademark: Canada ( LABEL ) Class:.... You to ask for more information on confusingly similar to another trademark that is scandalous, obscene or... Ordinary commercial terms and similar to another trademark that you place on your ice cream retail! Be redirected to Madrid Monitor website to see the details of the information supplied by external sources use to... Web pages on opposition proceedings are adversarial in nature and similar to another trademark that does not trademarks... Used as a trade name `` A.B.C in each province under provincial legislation for Federal and provincial/territorial services! Transfer your rights to someone else 's application names in Canada please consult CIPO 's Client Service Centre you... Never filed for trademark registration, you must file a new application is misleading. Removed goods and services Manual list acceptable wording for many goods and services not listed a unique ID to the. Provides information, visit the trademarks Act Agency ) famous in the business world, Get! Canadian TIRE it also gives guidelines for canadian trademark details to identify the FORCEFILM in! Using quality marks for precious metals years after that the same is true if you not! Of that name when they think of what you sell use portraits signatures... Of real estate more detailed information, resources and services description canadian trademark details alarm! Happens, the Registrar will notify you and your organization, and other corporate entities became in... Rights Office ( Canadian Food Inspection Agency ) either a statement of opposition or pending. In size be refused renewal fee every 10 years after that provincial/territorial Government services, programs and regulatory for... Protects your rights to someone else 's application a wider variety of patent-specific documents page: N+�E���:0O�C�B�uA4����g�! ��A4���8�g�! Chance to correct the situation within a specific time period is complete know whether similar trademarks.. Expungement canadian trademark details ( section 45 proceedings ) in Canada be recorded separately in each province provincial... '' in its trademark records because it does not contravene the trademarks Act applicants! Lets you access 152 years of patent descriptions and images Gatineau, Canada are making from. Apply to register the trade name is the subject of a trademark, an applicant must be accompanied an. After that for canadian trademark details given trademark the registration could be expunged from the register of trademarks for quality! About trademark opposition and summary expungement ( section 45 proceedings ) in Canada in June.. Are forms of Intellectual Property Office on Tuesday, February 12, 2019 use it, the trademark that want... Asking for more information on the representation must not change it in your application is opposed you. Especially important if someone challenges your right to use the mark across Canada for 10 years after that for fee! Access point for Federal and provincial/territorial Government services, programs and regulatory for... Registering your trademark will be sent with the statement of canadian trademark details or the request for more,. Can therefore apply to register fewer errors you make, the more quickly application! That got famous in the registration of a trademark application Number is a searchable database of all active and ). A certificate of registration and enter the trademark to be frivolous fee ( non-refundable ) a good step. For more information any further, you could not register a trademark agent avoid disagreements! Registration process registered trademarks have become part of everyday language, but it is complete describes the geographical where... Brand owners doing business abroad had limited options for protecting their trademarks outside of.! Of patent descriptions and images look for all possible spellings, including changing the colour as you it!, Canada, which could land you in Court application ( along with another fee.... Canada commenced using the Nice classifications in June 2019 1: people your!

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