Foreign Associates

 

Does your client need to file a Canadian trademark application?  If so, we can help!
 
Our Trademark Team assists numerous foreign trademark firms worldwide to obtain trademark registrations in Canada for their clients.  We provide cost effective filing and prosecution solutions. Our fees are reviewed annually to confirm that they remain very favorable compared to other Canadian firms.

Email us to request current Fee Schedule

Email us to request current Fee Schedule
info@canadatrademarklawoffice.com
or call us at: + 1 (403) 343-3320

Our internal docketing system is also regularly examined to ensure that our service is prompt and efficient, even with increasing workloads. Deadline items and priority filing dates are given the utmost importance. If the matter is complex, please note that we gladly handle trademark opposition work and trademark cancellation proceedings.

Our lawyers, agents and paralegals are appropriately licensed and regularly take continuing education courses and seminars to stay on top of the latest developments in Canadian trademark law, including courses offered by the Intellectual Property Institute of Canada.

Our Trademark Team is supervised by Mr. Sander Gelsing, who is a lawyer, registered patent agent and registered trademark agent. Mr. Gelsing has over twelve years experience in Canadian trademark law. He is also a registered U.S. patent agent and recognized to represent Canadian residents at the U.S.P.T.O. in trademark matters

We are members of INTA (International Trademark Association) and IPIC (Intellectual Property Institute of Canada). This allows us to stay updated on the latest developments in trademark law and to network with trademark practitioners world-wide.

If you have a case for filing, or want a copy of our current Trademark Fee Schedule, please email us at:info@canadatrademarklawoffice.com or use the Form below to contact us. We look forward to working with you.

 

Some points on Canadian trade-mark law:

  • Canadian trade-mark registrations are federal – they provide protection all across Canada, even if the client ships goods to only one Province.  Unregistered trade-marks may still be given some protection under Canadian common law.  However, such protection is usually limited in scope compared to federally registered marks.
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  • Trade-mark rights in Canada are based”use”.  For a trade-mark application to proceed to registration, the mark must be used somewhere in the world.  A Canadian application based on “intent-to-use” (ITU), also called “proposed use”, requires a Declaration of Use to be filed, before the application will register.  Registered trade-marks can also be expunged for lack of continued “use” or even for improper use by another party.
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  • Currently Canada does not use a classification system.  The listing of goods and services can include as many items as desired, without additional government fees.  In that way, such applications with extensive listing of goods and services can be considered “multi-class” applications.  However, the listing of goods and services does need to be in ordinary commercial terms.
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  • The time from filing the application to obtaining the registration certificate can be quite long, often between 1 to 2 years.  For “intent-to-use” (ITU) applications, the Applicant is given three (3) years from the filing date to begin “use” within Canada and then sign and file the Declaration of Use.  Sometimes this time limit can be extended for an additional fee, if there are sufficient reasons to explain why “use” did not start in Canada during those initial three years.
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  • During the application process there is an opportunity for third-parties to oppose the application.  If that happens, the matter goes to the Trade-mark Opposition Board.  Our team regularly handles such trade-mark oppositions, so we are well equipped to assist if that should happen.

If you have an application you wish to file in Canada, please use the Form below to contact us.  Once sent, someone of our Trade-mark Team will contact you with further details.  We strive to answer all such contact forms within 24 hours, but please let us know if there is an urgent priority claim.

Call: +1 (403) 343-3320 Ask for "Breanna" or "Michelle"

Call: +1 (403) 343-3320
Ask for “Breanna” or “Michelle”


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