As soon as the Registrar receives your application, it too becomes part of the public record. An applicant can include two or more persons, for example “John Doe, Jane Smith”. The database was last updated on: 2021-01-06 . Until last year, most Canadian brand owners doing business abroad had limited options for protecting their trademarks outside of Canada. The listings cover trademarks (active and inactive), official marks and prohibited marks. Corporations Canada Helps Canadians incorporate, maintain and operate businesses, not-for-profit corporations, and other corporate entities. You may not expand the scope of goods or services after you have filed the application. In fact, some brand names that got famous in the 1920s for being reliable and high quality are still leaders today. Innovation, Science and Economic Development Canada. Many registered trademarks have become part of everyday language, but you cannot use them to describe your goods or services. The procedure begins when the Registrar sends a notice to the registered owner asking them to provide evidence showing that the trademark has been used in Canada during the last three years or to prove that there are special circumstances that excuse the fact that the trademark has not been used. A trademark agent will make sure that your application is properly written so that your trademark will be protected. 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. The Registrar will not allow any opposition that we consider to be frivolous. Oversees and provides information about trademark opposition and summary expungement proceedings (section 45 proceedings) in Canada. If you do not respond to an examiner's report, the Registrar may consider your application to be abandoned. When you register your trademark, you get the sole right to use the mark across Canada for 10 years. f�,J�C]�u���5�q�B/]q�lOB�U^���s�4�l��2g]�\`Ǿ������Ĝ� =�A�~Nu���(l.1�qPOj�UyAk�I� zJ�x�S�:N+�E���:0O�C�B�uA4����g�!"��A4���8�g�!�D���. Beware of trademarks that are similar to another trademark that is registered or is the subject of a previously-filed application. Suppose another company were manufacturing and selling frozen-water products under the registered trademark "South Pole." Trademarks that are generally unregistrable include the following: A trademark may not be registered if it is nothing more than a name or surname. Canadian Trademarks Database. To start your search, visit the Canadian Trademarks Database. 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. Details of CANADA Trademark. If you fail to actually use the mark for a long time, your registration may be taken off of the Register of Trademarks, which will make it more difficult to prove legal ownership of the trademark. If you click OK, you will be redirected to Madrid Monitor website to see the details of the International Registration. For sound and moving image trademarks, an electronic representation and a description of the trademark is required. Enter your details below and select your area(s) of interest to receive daily newsletters Trademark Applicant : R. Suri Application Date : 1996-05-17 Status : Removed Goods and Services Description : Electric alarm system included in class 9. 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. 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. For colour trademarks or trademarks that are claiming colour(s) as a feature, representations must be submitted in colour, along with a description of the colour(s) and where they appear in the trademark. Ltd." as a trademark. The Registrar keeps a list of registered trademark agents but we cannot recommend any particular one to you. 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. If your application is opposed and you do not already have an agent, we urge you to hire one at this point. Both parties may file evidence and written representations, cross-examine the evidence of the other party, and appear at an oral hearing. This trademark was filed to the Canadian Intellectual Property Office on Tuesday, March 19, 2019. Lesson 7 of 8. 50 Victoria Street, Room C114 All e-mails from the system will be sent to this address. Therefore, there is no single, complete list of trade names in Canada. After the Registrar has made a final decision to expunge, amend or maintain the registration, the owner or other party can appeal to the Federal Court of Canada. This is a searchable database of all active and inactive trademark applications and registrations in Canada. For a standard character trademark (word or words), you should look for all possible spellings, including in French. Your registration lasts for 10 years from the date of registration. A trade name can be registered under the Trademarks Act only if it is also used as a trademark; that is, if it is used to identify goods or services. Summary of Canadian Trademark Law Changes (2019) The changes to Canada’s trademark laws, under Bill C-31, will officially go into effect June 17, 2019. Applicant Address : F - 56, MANSAROVAR GARDEN, NEW DELHI. The Canadian Intellectual Property Office, which includes the Trademarks Office, is a special operating agency of Innovation, Science and Economic Development Canada. A trademark can protect a combination of words, sounds or designs used to distinguish your goods or services from those of others in the marketplace. You cannot register a trademark if it consists of a plant variety denomination (when a right is granted to the owner for control over the multiplying and selling of reproductive material for a particular plant variety) or is a mark so nearly resembling a plant variety denomination that it is likely to be mistaken for it, where the application covers the plant variety or another plant variety of the same species. Example 1: People know your ice cream under the name "A.B.C. To the Registrar of Trademarks, Gatineau, Canada. Do not add federal and provincial taxes. If people cannot pick your products or services out from the crowd, they might work with another person or company that is easier for them to notice. 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." THE BURREN is a canadian trademark and brand of Amplifier Foods Inc., Toronto,ONTARIO M4M2S1,CANADA. 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. Logo is a canadian trademark and brand of Anivive Lifesciences, Inc., Long Beach, CA 90807,UNITED STATES. If you wish to market goods or services in other countries, you should think about getting trademark registration(s) there as well. You do not have to hire an agent but it is often advisable to do so. This trademark was filed to the Canadian Intellectual Property Office on Tuesday, November 26, 2019. The is under the trademark classification: Pharmaceutical Products; Computer Product, Electrical & Scientific Products; The Logo trademark covers … You can use the TMOB's online web application to: Registering your trademark with the Registrar protects your rights in Canada only. Once you have an agent, the Registrar will correspond with that person. The examiner will let you or your agent  know of any objections, if there are any. You can register any trademark that does not contravene the Trademarks Act. The KHAYRAT DAYETNA & English Design mark is filed in the category of Class 029 Meats and processed … We recommend that you use a registered trademarks agent to help you through it. A "person" may be an individual, partnership, trade union, association, joint venture, or corporation. Details of CANADIAN PARADOX Trademark. The Registrar will send you a certificate of registration and enter the trademark in the Register of Trademarks. You may not use a trademark registered by someone else to describe your goods or services. This office oversees the Plant Breeders' Rights Act and Plant Breeders' Rights Regulations, which protect the legal right of plant breeders for their new plant varieties. Trademark law provides protection for distinctive marks, certification marks, distinguishing guises, and proposed marks against those who appropriate the goodwill of the mark or create confusion between different vendors' goods or services. If you are asking about the status of your application and it has not yet been given to an examiner, you should contact the Client Service Centre. You must file a separate application for each trademark that you wish to register. For example, if consumers start saying "North Pole" when they mean any ice cream, in the same way that the trademark "zipper" is now what nearly everyone says when they mean "slide fastener", the rights in your trademark may no longer be enforceable. Any person can oppose a trademark application advertised in the Trademarks Journal . A trademark is a form of property. Canada commenced using the Nice classifications in June 2019. 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. If your business is successful and someone imitates your trademark, it may be in danger of becoming a generic term. It also gives guidelines for how to identify goods and services not listed. If you do not use it, the registration could be expunged from the Register of Trademarks by the Registrar. Make sure that you include all the goods or services with which you plan to use, or have used, your trademark, and that they are grouped according to the classes of the Nice Classification. Canadian Trademarks Details 1176887 - Canadian Trademarks Database - Intellectual property and copyright - Canadian Intellectual Property Office - Innovation, Science and Economic Development Canada Created Date If they do, you could end up infringing on someone's trademark, which could land you in court. Canadian Trademarks Database; CANADIAN TIRE. This helps prevent the registration of trademarks that may be misread as quality marks. But, again, if you can establish that "Sweet Ice Cream" has become so well known that people will immediately think of your product (and no one else's) when they read or hear these words, you may be allowed to register the trademark. Innovation, Science and Economic Development Canada Canada became a Contracting Party to the Madrid Protocol on June 17th, 2019. For more information, visit the Trademarks Opposition Board (TMOB) web pages on opposition proceedings or contact us. However, not all changes are acceptable. The THE BURREN is under the trademark classification: Restaurant and Hotel Services; The THE BURREN trademark covers Operation of pubs, bars; operation of … Welcome to CIPO's Canadian Patent Database. The proper fee must be sent with the statement of opposition or the request for more time. Trademarks are very valuable intellectual property. Lucidafarm is a canadian trademark and brand of Beijing DeMei Yijia Technology Co., Ltd., West LaiGuangYing Rd., ChaoYang Dist., Beijing,CHINA. To do a proper search, you will have to check for different possible versions of the trademark that you want to register. The e-mail address is not made public and will only be used if you wish to receive a new password or wish to receive certain news or notifications by e-mail. Once the Registrar has received the requested evidence, the owner and the other party can send in written arguments and also appear at an oral hearing. "South Pole", however, could easily find out that you are using "North Pole", either by doing a search of the Registrar's records or by seeing your application published in the Trademarks Journal on the website of the Canadian Intellectual Property Office. All paper correspondence should be addressed to: Office of the Registrar of Trademarks 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. This is especially important if someone challenges your right to the trademark. For advice on registering your trademark contact Miltons IP. Nice Classifications. In addition, the representation must not exceed 8cmx8cm in size. Correspondence about opposition or summary expungement (section 45 of the Trademarks Act) must be clearly marked "Attention Opposition Board" or "Attention: Section 45 Proceedings", depending on the contents of the letter, and addressed to: Trademarks Opposition Board If the owner fails to reply to the Registrar, the trademark is liable to be expunged from the Register of Trademarks. You can renew your trademark every 10 years after that. 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. %PDF-1.4 The simplification and standardization of the trademark registration procedures through the Singapore Treaty, that among other aspects, reduces the requirements for filing applications. If anything is missing, we will contact you to ask for more information. Example 2: People know your ice cream by the name "North Pole", which is what you use to promote your product. The Registrar could start summary expungement proceedings, after three years beginning on the day on which a trademark is registered, either on their own at any time during the life of the registration, or if another party pays the proper fee and asks them to. The following are a few websites you may find helpful. 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. Before a trademark is advertised in the Trademarks Journal, the examiner performs second search (a pre-publication search) to make sure that no one has recently registered or applied for a trademark that would conflict with the one you want to register. If your answers do not satisfy the examiner, you will get a letter explaining that your application has been refused and telling you why. Note: A trademark registration may be cancelled if someone else in Canada has made use of a similar trade name or trademark in the past. The Journal is the official publication that lists every application that has been approved for advertisement in Canada. Do not add federal and provincial taxes. For example, you would not be able to register the word "gelato" (Italian for "ice cream") in association with frozen confections; "anorak" (Inuktitut for "parka") in association with outerwear; or "wurst" (German for "sausage") in association with meat. This is a single access point for federal and provincial/territorial government services, programs and regulatory requirements for businesses. 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. In Dollar General Corp. v. 2900319 Canada Inc., 2018 FC 778 (the “Dollar General Case”), the Federal Court heard an appeal from a decision of the Registrar under s. 45 of the Trademarks Act as to whether the trademark DOLLAR GENERAL was used in association with “retail variety store services” as set out in the trademark registration of Dollar General Corporation (“Dollar General”). 5U�XLh���T�Ե:����+�V1JI���0��*. A company called "South Pole" has never filed for trademark registration. Trademark owners should assess now if their Canadian trademarks are well protected – and take steps to ensure that acquisition and enforcement of …