summary
A trademark application in Canada can be filed on the basis of any one of the following four options:
1. Use in Canada.
2.Intent to use in Canada.
3.Making known in Canada.
4.Use and registration abroad.
The requirements for filing a trademark application in Canada are the following:
1.A drawing of the trademark in black and white (size 7 x 7 cm), in case of a design mark. (This can be prepared locally)
2.The list of specific wares and /or services in ordinary commercial terms.
3. Use in Canada:Date of the first use of the trademark in Canada.
- Intent to use: No further documents are required. (Eventually, in order to obtain registration, a declaration stating that the applicant or its licensees has started using the trademark in Canada must be filed with the Registrar.
- Making known in Canada: Particulars of the distribution or advertising of the trademark will be necessary.
- Foreign use and registration abroad: The date and number of the application /registration and eventually a certified copy of the registration must be filed with the registration.
Note: For convention priority application, information such as the country, the filing date and the number of the application on which priority will be based is required. A certified copy of the basic application is no longer required