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29 kwi 2021 · Indeed, Canadian trademark laws and rules do bear many similarities to those in the United States. Notably, the 2019 amendments to Canadian trademark legislation brought Canadian practice considerably closer to the United States; for example, Canada now uses the Madrid Protocol and Nice Classification systems and allows divided applications.
21 gru 2020 · However, it is important for U.S. companies to recognize that their U.S. trademark rights do not automatically apply in Canada. Instead, specific steps are required to protect their brands north of the border.
17 gru 2021 · The Canadian trademark system bears some important differences from the system in the United States, including: - A Canadian registration can be secured without any use, and no filing basis is required. - Inherently non-distinctive marks cannot be registered in Canada (there is no Supplemental Register).
If you are using your trademark in interstate commerce and/or between the US and a foreign country (e.g. Canada) you may wish to consider registering your trademark with the US Patent and Trademark Office ("USPTO").
16 cze 2023 · Both the U.S. and Canada are members of the Madrid Protocol. In the U.S., an applicant can file an international application through the United States Patent and Trademark Office (USPTO), designating other member countries where they wish to seek protection.
Trademark rights are national in scope—you must register your trademark in each country where you do business. The following chart shows some of the main differences, and a few similarities, between the U.S. and Canadian trademark systems.
27 lip 2021 · Each member country applies its own laws to determine whether or not a trademark will be protected in its jurisdiction. Canada joined the Madrid Protocol on June 17, 2019.
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