5 Differences between Canadian and U.S. Trademark Applications

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.

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