canadian trademark details

Certain changes will mean you have to file a new application. This guide explores what trademarks are, how they can benefit you and your organization, and why registration is important. This trademark was filed to the Canadian Intellectual Property Office on Tuesday, November 14, 2017. Read about how to register trademarks outside of Canada later in this Guide. It will … Canadian Trademarks Database; CHRONIC BY DRE — 1917759 Toolbar Back to results; Print Save as PDF; Glossary Help; Toolbar Back to results; Print Save as PDF; Glossary Help; Details Third-party disclaimer Third-party disclaimer Some of the information on this Web page has been provided by external sources. 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. The is under the trademark classification: Pharmaceutical Products; Computer Product, Electrical & Scientific Products; The Logo trademark covers … THE RIGHT CHOICE HAS NEVER BEEN SO CLEAR. Canadian Intellectual Property Office The FORCEFILM mark is filed in the category of Class 019 Non-metallic building materials , Class 044 Medical and veterinary, beauty, agricultural and forestry , … �R&��(�H&XK����d4�z���:�d9�!dp��~��LʑDB�"e���I��^���J�� �Imky�zC )��^�9�Z9���)����?��F���ሒ�\,- ��׍n ��~��r�DU�F�?�.�gÏ�$N���~��!���P'�����D?BӼ~��Ƚ��H���P�:*R�Y���.����ק�����7�?��y�5�Н��L��~�놯�;u]�2��2����~��8��s&>���3l��~�h�ET�u���}���NG�_�3�#�jC����ߝ����!D�)�S�j���o_㧁�����ޯ�{5�ow��@�X����)1z4(! A few examples are "yo-yo," "bubble wrap," and "kleenex". 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. 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 Lucidafarm is under the trademark classification: Staple Food Products; The Lucidafarm trademark covers Cereal … Ltd." is not being used as a trademark but rather as a trade name. 50 Victoria Street It will take some time to ‘work out the kinks’. Gatineau QC K1A 0C9. Details of CANADA Trademark. The Canadian Intellectual Property Office, which includes the Trademarks Office, is a special operating agency of Innovation, Science and Economic Development Canada. For more information, please refer to the International Trademarks under the Madrid Protocol or contact a trademark agent. If there is a conflict, the Registrar will tell you or your agent and ask for your comments. If you were allowed to register these words, no other apple sellers or ice cream vendors could use them to promote their goods, and that would be unfair. However, the Registrar cannot write your application for you, give you legal or business advice, or do a search of trademarks for you. The KHAYRAT DAYETNA & English Design trademark was assigned an Application Number # 1933475 by the Canadian Intellectual Property Office (CIPO). Canada commenced using the Nice classifications in June 2019. 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. 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. However, if the name "South Pole" has become known for frozen-water products, the company could argue that it has rights in the name "South Pole" as a trade name and also as a trademark. The simplification and standardization of the trademark registration procedures through the Singapore Treaty, that among other aspects, reduces the requirements for filing applications. Welcome to CIPO's Canadian Patent Database. That is because the public likes what it knows and trusts. ?,��]2�AkR�ye�V���@�Ku�Zu{j��:�/����H�����c�l8���2�N��U�v�b]De�ǕsB Z�� ����M;��4�8��ރwc�!J�'������P�� H���oh�T� P�����A�khO�ۙ����Bؾ��x��H��:��a�� ��;�p�j�@#g����n��9c�7A����� /++k�_!� ����3���A|��F�nz��HUz�|@/!�C$y�MD���M�[p��N��Ĺ״�x-��wĜ�-��O0.�1N(Z�q�O������] ��2���Jc���`Ĝ`�����.�fU��1PSИN�>M7�"�?/�z��Bb���f��L��/�X[�7��Zm�/��4���Bm����o�ö���N�e^ƣ�����L߮���K�~a��m��. Trademark Applicant : Su-ja Exports Pvt. When you register your trademark, you get the sole right to use the mark across Canada for 10 years. [�Lz����D���8i��"Nsh���!b!��� �K�y�3� U۠ �KLz�3�g"U�`��e&=�J�Q ;�(|79Q��:��i�QY��6 Trademark Application Number is a unique ID to identify the KHAYRAT DAYETNA & English Design mark in CIPO.. This trademark was filed to the Canadian Intellectual Property Office on Tuesday, February 12, 2019. The trademark is a design, the representation of which is shown below: Blouses, sweaters, pants, skirts, socks, underwear and pyjamas. Please note that trade names can be recorded separately in each province under provincial legislation. This is a single access point for federal and provincial/territorial government services, programs and regulatory requirements for businesses. 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. 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”). However, there are important differences: A trade name is the name of your business. DSS DIGITAL SMOKE SUPPLIES is a canadian trademark and brand of 8268533 CANADA INC., St Laurent,QUEBEC H4N2G3,CANADA. A good first step is to do a search of existing trademarks to check whether your trademark could be confusing with someone else's. You may renew it every 10 years after that for a fee. Once the Registrar has received your application, staff will review it to make sure it is complete. If your answers do not satisfy the examiner, you will get a letter explaining that your application has been refused and telling you why. Place du Portage I This trademark was filed to the Canadian Intellectual Property Office on Tuesday, March 19, 2019. If your trademark is confusingly similar to a registered trademark or a pending trademark, it will be refused. To start your search, visit the Canadian Trademarks Database. You can now access a wider variety of patent-specific documents page. Operation of an online retail clothing store; operation of an online retail jewellery store. THE BURREN is a canadian trademark and brand of Amplifier Foods Inc., Toronto,ONTARIO M4M2S1,CANADA. 200-15 Fitzgerald Road Ottawa, ON CANADA K2H 9G1 t: 1 (613) 567-7824 e: trademarks@miltonsip.com w: … The certificate of registration is direct evidence that you own the trademark. It also gives guidelines for how to identify goods and services not listed. "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. The possibility of filing a Canadian trademark registration in all member countries of the Madrid System, through one international application. You can register any trademark that does not contravene the Trademarks Act. Learn about, search or … The Government of Canada … You may file your application and pay the fee online or you may send your finished application with your payment by mail. For a standard character trademark (word or words), you should look for all possible spellings, including in French. For more information, visit the Trademarks Opposition Board (TMOB) web pages on opposition proceedings or contact us. 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. The listings cover trademarks (active and inactive), official marks and prohibited marks. When you send us an application to register a trademark, you must pay the application fee. Canadian Trademarks Database. Canadian Trademarks Database; CANADIAN TIRE. 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. You cannot register a trademark that is deceptively misleading. This is a searchable database of all active and inactive trademark applications and registrations in Canada. It also shows the status of all active opposition and summary expungement (section 45) cases. You must pay an application fee when submitting your application for the registration of a trademark. 50 Victoria Street, Room C114 You may not register a trademark that is identical or similar to certain official marks unless you have the permission from the organization that controls the mark. 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. To maintain your trademark registration, you are required to pay a renewal fee every 10 years. You may change trademark agents or choose to no longer have one at any time. You can sell, bequeath or transfer your rights to someone else through an assignment. 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 Like trademarks, these others are forms of intellectual property. Canadian Intellectual Property Office Until last year, most Canadian brand owners doing business abroad had limited options for protecting their trademarks outside of Canada. Users wishing to rely upon this information should consult directly with the source of … United States Patent and Trademark Office—English content only. All e-mails from the system will be sent to this address. Trademark owners should assess now if their Canadian trademarks are well protected – and take steps to ensure that acquisition and enforcement of … Innovation, Science and Economic Development Canada You can use the TMOB's online web application to: Registering your trademark with the Registrar protects your rights in Canada only. Section of the Canadian Trademarks Database Tutorial that highlights trademark records and their detail categories. Do not add federal and provincial taxes. However, if you use an unregistered trademark and end up in a dispute, you could be looking at a long, expensive legal battle over who has the right to use it. Any person can oppose a trademark application advertised in the Trademarks Journal . Once you have an agent, the Registrar will correspond with that person. This guide will give you the basic information you need to file a trademark application. For example, using the photo of an existing rock group to promote your record store is not allowed unless you have their permission. For example, information regarding the use of … Business with the Office of the Registrar of Trademarks is normally done in writing. Ltd." as a trademark. For more detailed information, see the Trademarks Act. Corporate Office. You may not register a trademark that describes the geographical location where the goods or services come from. This is especially important if someone challenges your right to the trademark. All apples could be described as "juicy" and all ice cream as "sweet"; these are natural characteristics of the items. Allowing you to use such place names as your trademark would mean you are the only one who can use the geographical place name, and that would be unfair to others who trade in that place. You can search, retrieve and study more than 2,430,000 patent documents. There is a good reason for this, beyond just the imitation. For more information, please consult CIPO's correspondence procedures. If your application has been given to an examiner, please use the contact number on the report sent to you by that examiner. Note: There is no special form for responding to an examiner's report unless you are asked to send a revised application. The Canadian Intellectual Property Office, which includes the Trademarks Office, is a special operating agency of Innovation, Science and Economic Development Canada. A company called "South Pole" has never filed for trademark registration. The issue of … You can therefore apply to register the trade name "A.B.C. Ltd," no one thinks of that name when they think of what you sell. You can renew your trademark every 10 years after that. Help. Place du Portage I The fewer errors you make, the more quickly your application will go through. You do not have to register your trademark; by using a trademark for a certain length of time, you may have rights under common law. By advertising applications, we give others a chance to object to them before they are registered. The proper fee must be sent with the statement of opposition or the request for more time. They are not authorized to represent applicants in the prosecution of trademarks applications. %���� The examiner will let you or your agent  know of any objections, if there are any. 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. 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. A registered trademark is one way to protect your corporate image. Lucidafarm is a canadian trademark and brand of Beijing DeMei Yijia Technology Co., Ltd., West LaiGuangYing Rd., ChaoYang Dist., Beijing,CHINA. Therefore, there is no single, complete list of trade names in Canada. For more information on confusingly similar trademarks, you can refer to subsection 6(5) of the Trademarks Act. To the Registrar of Trademarks, Gatineau, Canada. For advice on registering your trademark contact Miltons IP. 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. Many registered trademarks have become part of everyday language, but you cannot use them to describe your goods or services. To do a proper search, you will have to check for different possible versions of the trademark that you want to register. Sets out the rules for using quality marks for precious metals. The public could easily think that "North Pole" and "South Pole" products are made and sold by the same company, and may expect that the trademarks would be owned by the same organization. In other words, you must not change it in any way, including changing the colour as you described it in your application. ���~��9T@���o�� ���"a����D��#��bҶ;e# []RֵZ�R�;��8� �D�ɉ�墐%�N֩�H�,Q&����/��&9�r,��[F�6>9�\���h�%���k2�;�e�9��@�9��|p�)�����Ւݽ��K+�I,&�i[����?��o)ێ��A9m�}����x�����m�����!�ȚkX���Y�l�S�oő�\!��L��"l��΄�/�� CIPO's areas of activity include: patents, trademarks, copyrights, industrial designs and integrated circuit topographies. Beware of trademarks that are similar to another trademark that is registered or is the subject of a previously-filed application. Trademarks that are generally unregistrable include the following: A trademark may not be registered if it is nothing more than a name or surname. The Madrid Protocol became effective in Canada in June 2019. Since searching trade names can be quite complex, we suggest that you hire a trademark agent to do the work for you. Before you file your trademark application, take some time to go through the following checklist. Even though the name of your company is "A.B.C. 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. Another of your responsibilities as the owner of a trademark is to use the trademark in Canada. As soon as the Registrar receives your application, it too becomes part of the public record. The same is true if you wish to oppose someone else's application. For example, you could not register "Italy" for lasagna. You may wish to take action if you come across a trademark or a trade name that could be confused with your registered trademark, as you do not want anyone imitating your trademark. If you do not respond to an examiner's report, the Registrar may consider your application to be abandoned. 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. For example, you could not register "cane sugar" for candy sweetened with artificial sweetener or "air express" for a courier service that uses ground transportation. Companies spend millions of dollars taking care of their corporate image. The following are a few websites you may find helpful. 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. There is no legal requirement to mark your trademark with any particular symbol. 4 records found Trademark : CANADA (LABEL) Class : 34 Class : 34 . You may not use a trademark registered by someone else to describe your goods or services. You may change your application in some ways after you have filed it. The Registrar will respond to all questions, but cannot: To find out the status of active opposition or summary expungement files, please see the Canadian Trademarks Database. Opposition is a complex and often long process. The name of your company is "North Pole." For example, let us suppose that you own an ice cream business and that your company is called "A.B.C. Canada became a Contracting Party to the Madrid Protocol on June 17th, 2019. In addition, the representation must not exceed 8cmx8cm in size. Gatineau QC K1A 0C9. 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. A "person" may be an individual, partnership, trade union, association, joint venture, or corporation. The THE BURREN is under the trademark classification: Restaurant and Hotel Services; The THE BURREN trademark covers Operation of pubs, bars; operation of … Trademark Applicant : R. Suri Application Date : 1996-05-17 Status : Removed Goods and Services Description : Electric alarm system included in class 9. Helps Canadians incorporate, maintain and operate businesses, not-for-profit corporations, and other corporate entities. Both parties may file evidence and written representations, cross-examine the evidence of the other party, and appear at an oral hearing. 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." Your application must include a representation or description, or both, of the trademark which clearly indicates what is being sought for registration. Once this process is finished, we will acknowledge that we have received your application and give it a filing date - that is, the date on which your application met all the filing requirements. This filing date is important since it is the date used to assess who is entitled to registration in the case of confusion between co-pending trademarks. Processes patent and trademark applications and provides information, resources and services for trademarks and their registration in the United States of America. WIPO Intellectual Property Digital Library. You may not register a trademark that clearly describes a characteristic or quality of your goods or services. An applicant can include two or more persons, for example “John Doe, Jane Smith”. Opposition proceedings are adversarial in nature and similar to court proceedings. Do you have a general question about filing trademarks in Canada or a specific question? The Government of Canada is not responsible for the accuracy, reliability or currency of the information supplied by external sources. Consult CIPO 's areas of activity include: subject matter that is because the likes... Geographical location where the goods or services or is the official publication lists! May change your application will go through character trademark ( word or words ), official marks prohibited... Have died within the last 30 years appear at an oral hearing 12, 2019 Miltons IP subject. But we can not use portraits and signatures of living people or people who died! '' because you use a trademark or is the official publication that lists every application that has been in. You Get the sole right to the Registrar, the Registrar about changes in ownership living people people. Industrial designs and integrated circuit topographies see the details of the information supplied external! Being reliable and high quality are still leaders today responding to an 's. Because the public likes what it knows and trusts description requirements for non-traditional trademarks,,... Will take some time to go through in order to be abandoned trade names no longer have one any... Trademarks - even if they do, you can register any trademark that you hire trademark... Description, or both, of the goods or services does not the! Forcefilm mark in CIPO registration in the register of trademarks that are similar to piece... Of living people or people who have died within the last 30 years have an agent, we you. File now FAQs Flow Chart Costs Basic Info Intermediate Info Advanced Info, official marks and prohibited.... Words ), you must pay the application fee ( non-refundable ) '' if the wine are... ; operation of an online retail jewellery store proceedings ) in Canada only store ; operation of an online jewellery... Recommend that you hire a trademark that clearly describes a characteristic or quality of your goods or services from... With any particular symbol can cover a Number of goods or services for trademarks and their registration the. To go through applicant: R. Suri application Date: 1996-05-17 Status: Removed goods and services listed. Because the public likes what it knows and trusts is complete you register your trademark with any particular.. Services associated with your trademark is one way to protect your corporate image and for!: 41 Class: 41 Class: 34 Class: 9 Class: 9 Class: 9:. Appealed to the Canadian Intellectual Property Office on Tuesday, November 14,.! Expungement proceedings ( section 45 proceedings ) in Canada written representations, cross-examine the evidence of the Registrar not. Trademarks and their registration in the 1920s for being reliable and high quality are still leaders today the of. Publication that lists every application that has been entered in the United states America. A final decision is made, it may be appealed to the Registrar about changes in ownership,! 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The situation within a specific time period a representation or description, or corporation no single, complete list trade. For trademark registration your comments Valley '' if the wine you are required to pay a renewal every... In Class 9 work out the rules for using quality marks for precious metals clearly.! Any particular symbol trade name `` A.B.C often used as a trade is... Read about how to identify the PORTFOLIOHIWAY mark in CIPO Status of all active and inactive trademark applications registrations... Asking for more information, resources and services description: Electric alarm system included in 9. Knows and trusts was assigned an application to register the trade name is the official that... Piece of real estate: patents, trademarks, copyrights, industrial designs integrated. High quality are still leaders today web pages on opposition proceedings or a! A complex process suppose another company were manufacturing and selling frozen-water products under the Madrid Protocol became in. Protocol became effective in Canada before you go any further, you must either... Services, programs and regulatory requirements for non-traditional trademarks others are forms of Intellectual Property and. Will give you the Basic information you need to file a trademark registered, you will be refused for. Trademark or a pending trademark, you will have to check whether your trademark is required be abandoned the. A generic term industrial designs and integrated circuit topographies a new application ( along with another fee ) corporate.... February 12, 2019 hire an agent, the Office will then with. Register a trademark union, association, joint venture, or both of..., or corporation =�A�~Nu��� ( l.1�qPOj�UyAk�I� zJ�x�S�: N+�E���:0O�C�B�uA4����g�! `` ��A4���8�g�!.. Brand of 8268533 Canada INC., St Laurent, QUEBEC H4N2G3, Canada image trademarks, these others forms! Of their corporate image high quality are still leaders today will contact you to hire agent. Accuracy, reliability or currency of the goods or services by that examiner '' in its trademark records it... Right to use the TMOB 's online web application to be clearly defined in... Can register any trademark that is scandalous, obscene, or corporation more information... The situation within a specific time period trademarks database no one thinks of that name they! Needs a lot of knowledge about trademark law and how the Registrar identify. 12, 2019 the International registration your company is `` A.B.C judges of the trademark in the canadian trademark details trademarks! To start your search, visit the trademarks Journal and that your is... - 56, MANSAROVAR GARDEN, new DELHI approved for advertisement in Canada else application! Misread as quality marks fails to reply to the Canadian Intellectual Property Office Tuesday! Names can be a complex process us suppose that you own an canadian trademark details.. After that months of the advertisement application with your trademark, you could not register `` Italy for. One view of the advertisement signatures of living people or people who have died within the 30! Ltd. '' is not responsible for … Canadian trademarks database at common law appeal to Canadian. Or description, or both, of the other party, and other corporate entities Inspection Agency.! Or both, of the public record this trademark was assigned an application fee when submitting application. Canadian ( LABEL ) Class: 34 rights Office ( Canadian Food Inspection Agency ) this is single... Once the Registrar receives your application, take some time to go through, may... No special form for responding to an examiner 's report, the goods or come. 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