Canadian Trademark Overview

Canadian Trademarks

Canadian Trademarks for U.S. Attorneys

Canadian Trademark Overview

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Canadian Trademark Overview

Since Canada has not yet acceded to the Madrid Protocol, its trademark registration system is different from that of most countries, including the United States. This section gives you an overview of these differences.

  1. International Context: Canada is a signator to the Paris convention, but is not yet a member of the Madrid Protocol, so a separate application must be made for trademark protection in Canada. Canada does not use international classes for goods and services at this time, but likely will begin to do so when it accedes to Madrid.Learn more
  2. Application Bases: In some circumstances, a U.S. trademark application can be used as a basis for a Canadian application, including claiming a priority filing date. Other bases for application include registration and use abroad, making known in Canada, and actual or proposed use in Canada.Learn more
  3. Examiners’ Reports: The initial review of a trademark application in Canada normally takes 6‐12 months. If there are no issues, it will simply be approved for publication. Otherwise, the examiner will issue a report to which the applicant must respond within six months. The most common reasons for a refusal are the statement of goods and services, confusion, and descriptiveness.Learn more
  4. Approval to Registration: Once the examiner’s requirements are satisfied, the application can proceed to publication for opposition. In Canada, the opposition period is two months, after which the application will be allowed if no opposition has been filed. If you have a U.S. certificate of registration, you can use it to obtain registration without the need for use in Canada. Learn more
  5. Post Registration: Although you can register a trademark without use in Canada, and there is no government requirement to prove use after registration, the mark is nevertheless vulnerable to attack if it is not used in Canada. Learn more
  6. Canadian Representative for Service: A domestic representative for service must be named both during prosecution of a trademark application and after registration, if the applicant has no place of business in Canada. Learn more