Bereskin & Parr
Law firm in Montreal — trademarks.
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Protecting a Trademark in Canada
Trademarks, patents and copyright are administered federally by the Canadian Intellectual Property Office (CIPO). This page describes general concepts and official resources.
What this means
CIPO maintains the official registers and publishes application guides, fees and searchable databases. Registration and the resulting rights are framed by the applicable federal legislation.
Common situations
- A name or logo to protect
- A prior-rights search to be carried out
- An opposition received or to be filed
- Unauthorised use identified
- A licence or assignment of rights being considered
General process
Procedures vary depending on the court, tribunal or circumstances. Consult the official government resources below or speak with a qualified legal professional.
Official government information
- Canadian Intellectual Property Office ↗
- Innovation, Sciences et Développement économique Canada ↗
- Éducaloi ↗ Plain-language legal information from a recognised non-profit.
Documents commonly requested
Depending on your situation, the documents requested may vary.
- A representation of the mark or logo
- The list of goods and services covered
- Evidence of use, if applicable
- CIPO correspondence
- Any existing licence agreements
Frequently asked questions
Who administers trademarks in Canada?
The Canadian Intellectual Property Office (CIPO), which publishes its guides, fees and official database.
Is an unregistered mark protected?
The framework for registered and unregistered marks differs. CIPO explains the general distinctions in its official publications.
You may wish to speak with a qualified legal professional if your situation involves deadlines, significant amounts, or disputed facts. Individualised advice is often necessary.
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Disclaimer
This page is provided for general informational purposes only and does not constitute legal advice. Laws and procedures may change, and every situation is unique. If you need advice about your specific circumstances, consult a qualified lawyer or legal professional. MTLPages is not a law firm.