Canadian Patent Application Procedure
1. Inquiry on Trademark registration rights:
Trademark search refers to the search by a trademark registration applicant or its agent to see whether the trademark applied for is identical or similar to the previously owned trademark before filing an application for registration. It is worth noting that although trademark search is not a required procedure for registering a trademark (following the principle of voluntary search), this work can greatly reduce the risks of trademark registration and improve the certainty of trademark registration. During the query process, due to factors such as data processing and trademark application review periods, some previously applied trademarks cannot be entered into the database, so this part of the information cannot be retrieved. In addition, the trademark search and examination work is undertaken by different personnel, and the search personnel and different examiners may have different opinions on the examination. Therefore, the results of the trademark search cannot be regarded as a legal basis and have no legal effect. Therefore, before registering a trademark, it is very important to find a professional trademark search company or a trademark agency organization with complete trademark search conditions.
2. Preparation of trademark application materials:
(1) If you are filing in the name of a natural person To apply, you need to show your ID card and submit a copy of your identity. If you apply for registration with an enterprise as the applicant, you need to present a copy of the enterprise's "Business License" and a copy of the "Business License" signed by the issuing authority. A completed trademark registration application form with the official seal of the unit and a personal signature.
(2) 10 trademark drawings (for color trademarks of specified colors, 10 colored drawings and 1 black and white ink drawing should be submitted). The trademark pattern provided must be clear and easy to paste, and must be replaced by smooth and durable paper or a photo. The length and width must be no more than 10 cm and less than 5 cm. If the direction of the trademark pattern is unclear, arrows should be used to indicate the top and bottom. When applying for a cigarette or cigar trademark, the image can be as large as the actual one used.
(3) The fee for registered trademark: 1,000 yuan. If you entrust a trademark agency to handle the process, you need to pay an additional trademark agency fee of about 1,000 yuan
Application for registration Only individuals or groups with the following conditions can apply for a trademark in my country. The applicant for trademark registration must be:
Enterprises, institutions, social groups, individual industrial and commercial individuals, individual partnerships established in accordance with the law or foreigners or foreign enterprises from countries that have signed an agreement with China or jointly participated in international treaties with China or handled on the basis of the principle of reciprocity. If you meet the above conditions and need to obtain the exclusive right to use a trademark, you must submit a trademark registration application to the Trademark Office on a voluntary basis (from November 1, 2001, the my country Trademark Office began to accept trademark registration applications from natural persons).
(1) File an application according to the classification of goods and services
Currently, my country’s trademark law enforces The International Classification of Commodities divides more than 10,000 kinds of goods and services into 42 categories, including 34 categories of goods and 8 categories of services. When applying for trademark registration, the category of goods or services for which the trademark is used should be determined according to the classification of the Goods and Services Classification Table. If the same applicant uses the same trademark on different categories of goods, he should file registration applications in different categories according to the classification of goods. This can avoid unfair expansion of the scope of application of trademark rights, and is also conducive to the approval of examiners and the protection of exclusive rights to the trademark.
Determination of trademark application date: It is very important to establish the application date. Since trademark registration in my country adopts the first-to-file principle, once the application date occurs, the order of application dates becomes the law for determining trademark rights. Accordingly, the application date for trademark registration shall be the date when the Trademark Office receives the application documents.
Trademark review Trademark review is the inspection, data retrieval, analysis and comparison, investigation, research and decision made by the trademark registration authority to determine whether the trademark registration application complies with the provisions of the trademark law. A series of activities including preliminary review or rejection of the application.
The approval of a trademark announced in the preliminary examination refers to the decision to allow registration of a trademark registration application that complies with the relevant provisions of the Trademark Law after examination. And be announced in the "Trademark Announcement". If no one raises any objection to a preliminary approval trademark within three months from the date of publication of the preliminary approval announcement, the trademark will be registered and a registration announcement will be published at the same time.
(2) Registration Announcement
Trademark registration is a trademark legal procedure. The trademark registration applicant submits an application, and after review by the Trademark Office, a preliminary approval will be announced. If no one raises an objection within three months or the objection is ruled to be invalid, the trademark will be registered and effective., protected by law, and the trademark registrant enjoys the exclusive right to the trademark. It takes about one to one and a half years from application to approval of registration for a trademark. Validity Period of a Registered Trademark A registered trademark is valid for ten years, starting from the date of approval of registration. If the registered trademark expires and you need to continue to use it, you can apply for trademark renewal registration.
(3) Receive the trademark registration certificate
Sent by the agent to the trademark registrant "Trademark Registration Certificate". If trademark registration is applied for directly, the trademark registrant should go to the Trademark Office to obtain the certificate within three months after receiving the "Notice of Obtaining the Trademark Registration Certificate". At the same time, the trademark registrant should also bring:
1. Letter of introduction for receiving the trademark registration certificate;
2. ID card and copy of the recipient;
3. The original copy of the business license. The copy should be stamped with the seal of the local industrial and commercial department;
4. Notification of receiving the trademark registration certificate;
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5. If the name of the trademark registrant is changed, a change certificate issued by the working department must be attached.
(4) Trademark registration application time
The time from application to issuance of a newly applied trademark is generally It takes about a year, including about one month for application acceptance and formal review, about four to five months for substantive review, three months for the objection period, and about three months from approval announcement to issuance of the certificate.
The above are the relevant issues that the editor has introduced to you about the procedures for applying for a patent in Canada. Everyone must be patient. Once the patent application in Canada is successful, it will be a great victory. If you still don’t understand anything, you can come to the Legal Savior Network for legal consultation.