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[]
[]
[null,"Prepared By:","Contributors:"]
[null,"Thompson Dorfman Sweatman LLP","Silvia De Sousa"]
[]
[]
[]
["Trademarks"]
[]
["Report Generated: 11/19/2025"]
[]
["View your report results on next tab"]

{"sheet":"Trademarks","index":1,"n_rows":26,"n_cols":2,"rows_kept":26,"cut":false,"hidden":false,"merged":[]}
["Question","Canada (Federal Law)"]
["General"]
["What is the system for trademark protection in your country?"," The system for trademark protection in Canada includes: \n\n \n\t Registration \n\t Common law, an unregistered trademark can be protected through the tort of passing-off \n\t Coexisting rights under registration and common law \n \n"]
["To which international treaties does your country belong?"," Canada belongs to the following international treaties: \n\n \n\t Paris Convention \n\t Madrid Protocol \n\t Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks \n\t Singapore Treaty on the Law of Trademarks \n \n"]
["Registration System"]
["What are the benefits of registering a trademark in your country?"," The benefits of registering a trademark in Canada include: \n\n \n\t It entitles the proprietor to bring an infringement action \n\t Other: Registration offers a broader scope of protection, there are statutory remedies for registered trademarks, it allows you to secure your right to use the trademark, it has a lower cost of enforcement \n \n"]
["Is it possible to obtain registration for the following types of marks under the registration system in your country?","Service marksYes\nDefensive marksYes\nCollective marksNo\nCertification marksYes\nWell-known marksNo\nSeries marksNo\nMarks in a different language or characters other than Roman charactersYes\nNon-traditional marks: Sound marksYes.\nNon-traditional marks: Smell marksYes\nNon-traditional marks: Position marksYes\nNon-traditional marks: Color marks (i.e. registration of a single color or a combination of colors, e.g. Cadbury's purple color)Yes\nNon-traditional marks: Shape or three-dimensional marksYes\nOtherYes\n"]
["Trademark Filing"]
["What are the documents and information required for filing a trademark application in your country?"," Documents and information required to file a trademark application in Canada include: \n\n \n\t Name and address of the applicant \n\t Representation of the trademark \n\t Goods and services and the class(es) for which the trademark is to be registered \n \n"]
["Are multi-class applications permitted in your country?","Yes, multi-class applications are permitted in Canada. There is no maximum number of classes, but there is a cost of $100 per additional class (the first class is $330). \n"]
["Trademark Examination"]
["Is there substantive examination of trademarks?","Yes, there is substantive examination of trademarks in Canada. \n"]
["What are the absolute grounds for refusal?"," Absolute grounds for refusal of a trademark in Canada include: \n\n \n\t Mark is not distinctive \n\t Other: Mark is deceptively misleading; the mark is the word for the good or service in another language; the mark is identical to or likely to be mistaken for an official mark.  \n \n"]
["What are the relative grounds for refusal?"," Relative grounds for refusal of a trademark in Canada include: \n\n \n\t There is a prior application for registration or registration for an identical or confusingly similar mark in relation to the same goods or services as the subject mark \n\t There is a prior application for registration or registration for an identical or confusingly similar mark in relation to similar goods or services (although in a different class) as the subject mark \n \n"]
["Timeline"]
["What is the time period from application to registration for a straightforward trademark application in your country?","The time period from application to registration in Canada is 18 months or longer. \n"]
["Renewal (Maintenance of trademark registration)"]
["Is late renewal of a trademark registration permissible in your country?","Yes, late renewal of trademark registration is permissible in Canada. \n"]
["Use Requirement"]
["Does evidence of use need to be submitted to the trademark office at any time in order to maintain an application for registration or a registration of a trademark in your country?","Yes, evidence of use needs to be submitted to the trademark office in order to maintain an application for registration or a registration of a trademark in Canada. This should be provided during a Section 45 expungement proceeding. \n"]
["Licensing"]
["Are trademark licensees required to record themselves with the Registrar?","No, trademark licensees are not required to record themselves with the Registrar in Canada, however, it is recommended. \n"]
["Enforcement"]
["What are the available enforcement methods in your country?"," Available enforcement methods in Canada include: \n\n \n\t Civil enforcement\n\t \n\t\t Infringement action \n\t\t Passing off \n\t \n\t \n\t Administrative enforcement  \n\t Border or other administrative enforcement measures \n \n"]
["Peculiarities"]
["Are there any peculiarities not mentioned above in the system of protection for trademarks in your country of which it is important for clients to be aware?","None identified. \n"]