- No Classes – The Canadian application procedure does not use a classification system like the U.S. procedure does. Without the class system, an unlimited number of goods and services may be included in a single Canadian application without additional fees.
- The Madrid Protocol – Canada is not a member of the Madrid Protocol, thus a registration in Canada can only be obtained through a Canadian application.
- The Canadian Trademark Office is much more lenient with Extensions of Time. The U.S. application process may be terminated in a time extension period is passed.
- Canadian trademark registrations are enforceable in every region of Canada even if the mark has been used prior or has become known in that region. In the U.S, the trademark may be limited by regions where the mark has been in use or known.
- When filing an application in Canada, it is important to correctly indicate whether or not the trademark has been used in Canada. If there has been use of the trademark in Canada, a date of first use must be claimed. Unlike in the U.S., it is improper to file an application on the basis of proposed use or intent-to-use if the mark has been used in Canada; a third party can successfully oppose an application on this basis.
Disclaimer
THE INFORMATION CONTAINED IN THIS WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND SHOULD NOT BE CONSTRUED AS LEGAL ADVICE ON ANY MATTER.
The transmission and receipt of information contained on this Web site, in whole or in part, or communication with Zamani Thomas PA via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between us and any recipient. You should not send us any confidential information in response to this web-page. Such responses will not create a lawyer-client relationship, and whatever you disclose to us will not be privileged or confidential unless we have agreed to act as your legal counsel and you have executed a written engagement agreement with Zamani Thomas PA. The material on this website may not reflect the most current legal developments. The content and interpretation of the law addressed herein is subject to revision. We disclaim all liability in respect to actions taken or not taken based on any or all the contents of this site to the fullest extent permitted by law. Do not act or refrain from acting upon this information without seeking professional legal counsel.