INFORMATION REGARDING TRADEMARKS IN CANADA
Canada is not a signatory to the Madrid Protocol. However, a Canadian trade-mark may be filed under the Paris Convention claiming priority to a foreign trade-mark filing, if filed within six months of the earliest foreign filing.
Filing Based on Use/Proposed Use
An application can be filed based on proposed use if there has not yet been use of the mark in Canada. If the mark has been used in Canada, the date of first use must be provided in the application.
No Nice Classification
Canada does not operate using the Nice classification system. A trade-mark is filed specifying the wares and/or services for which use has been established in Canada or for which use is intended.
Foreign Use and Registration as Basis for Registration in Canada
A Canadian application or registration of a trade-mark may be based on registration/application for registration of the trade-mark in a foreign country and use of the trade-mark in that country. The applicant is not required to claim use of the trade-mark in Canada when filing on this basis.
Clearly Descriptive Marks
Clearly descriptive marks are not registrable in Canada unless they can be shown to have ‘acquired distinctiveness’ in Canada or to be ‘not without distinctive character’ for marks registered in the applicant’s country of origin.
Term of Trade-mark Registration
A Canadian trade-mark registration is valid for 15 years and may be extended indefinitely upon payment of renewal fees.