Before using a trademark in Canada or applying to register a
trademark, it is highly recommended to instruct a trademark agent
to conduct an availability search on the Canadian Register and the
Canadian market. Indeed, the Canadian Intellectual Property Office
(CIPO) may block the registration of an application based on
confusion with a prior entry on the Register, and there is a risk
of legal proceedings from a third party having prior rights to a
confusingly similar trademark.
If the decision is taken to seek registration, the applicant
must provide the following to file an application:
- The name and address of the applicant
(owner): Any person from Canada or abroad may apply
to register a trademark in Canada. An application can be filed by a
corporation, whether a private organization or a public authority.
Individuals may also file applications. In the latter case, the
name and surname of the applicant must be provided. The
individual's trading style may also
