table of contents
Introduction
CanadaBelow is information that will help you protect your trademark rights.
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*＜Estimated period from Canadian trademark application to registration＞ *As of March 2018
Currently, the estimated time from application to registration is:Approximately 18 monthsIt has become.
Trademark rights in Canada
★[About the enforcement of the revised Trademark Law] *Effective from February 2019, 6
・Main revisions
1) Abolition of application basis and oath of use
It will no longer be necessary to specify the basis of the application (information regarding the usage status of the trademark) when filing an application.
Additionally, it will no longer be necessary to submit a declaration of use, which was previously required for applications based on intent to use, and will also apply to applications pending as of June 2019, 6.
2) The Nice International Classification is applied and the classification system begins.
Until now, Canada has not adopted a classification system, but with the enforcement of the revised law, classification based on the Nice Classification will be required.
Trademarks that were previously registered without classification will be required to be classified according to the Nice Classification upon renewal after the revised law comes into effect.
10) The duration of trademark rights is now XNUMX years
これまで15年であった商標権の存続期間が、10年に短縮となる。改正前の登録商標は、改正後も15年のまま継続されるが、次回更新時、2019年6月17日以降に更新期限を迎えるものから10年の存続期間となる（改正法施行前に更新手続をしたとしても、2019年6月17日以降に存続期限を迎えるものは、10年の更新となる）。
4) Expanding the definition of trademarks
The definition has been significantly expanded. Hologram trademarks, motion trademarks, sound trademarks, and even taste trademarks, smell trademarks, and tactile trademarks that have a source identification function can be protected.
5) Stricter examination of distinctiveness
The revised law expands the reasons for refusal based on "lack of distinctiveness" and makes examinations more rigorous.
6) Join Madpro
It will be possible to designate Canada as a designated country by filing a MadPro application.
7) Revision of Official Fee
With the introduction of the classification system, application stamp fees and renewal stamp fees will be incurred for each classification. If you file an application for multiple categories before the revised law takes effect, costs can be reduced.
8) Start of introduction of application division system
The revised law will allow division of applications.
A. From application to registration
(1) Usage principle and registration principle
Canada has a ``use-based'' system in which trademark rights arise based on the premise that a trademark is used.
(2) Classification (goods or services)
Before the revision, the Trademark Law did not have a classification system or concept of classification such as designated goods or designated services, but the revision on June 2019, 6 made it necessary to designate goods/services based on the Nice Classification.
(3) From application to examination
① Information required for application form
●Applicant name/name and address (in English)
●Description of products/services and categories
●Explanation regarding trademarks
② Examination
-Similar to the Japanese trademark system, a first-to-file system is adopted for examination.
・Notification of reasons for refusal⇒Response period:Within one month
・If no reasons for refusal are found as a result of the examination, or if the reasons for refusal are resolved, a Notice of Approval will be issued.
③ Disclaim (partial waiver of rights)
Although there is no request for a disclaimer from the examiner (i.e., if a part of the trademark contains words that lack distinctiveness and are considered descriptive, etc., do not claim exclusive rights for that part), It is possible for the applicant to voluntarily declare a disclaimer.
(4) Application announcement
After issuance of the Notice of Approval, an opportunity to file an opposition will be provided by publication of the application.
The period for filing an opposition is within two months from the date of publication of the application, and any person can file an opposition.
(5) Trademark registration/renewal
①Registration
After the opposition period has passed, a certificate of registration will be issued.
*For applications filed before June 2019, 6, a registration fee must be paid, after which a registration certificate will be issued.
② Duration of existence
10 years from the date of registration (renewable)
③Update
It is necessary to carry out renewal procedures six months before the expiration of the term of validity.
B. About Madpro application
Joined the Madrid Protocol as of June 2019, 6
C. treaty
The status of membership in the main treaties is as follows:
| treaty of paris | WTO agreement | trademark law treaty | madpro | nice agreement |
| Join | Join | Affiliation * | Affiliation * | Affiliation * |
*These effective dates are June 2019, 6.