In this article, you will learn about the major differences and some similarities of trademarks in Canada vs. trademarks in the United States.
In general, the rules and laws surrounding trademarks in Canada and the United States are similar. In both countries, your trademark will protect your image, your name, or your logo from being used by another company.
Before we go further, it is important to mention that having a trademark in one of the two countries does not guarantee that it will be available in the other. Before filing, it is essential to make sure that the mark you want to trademark is available and not already being used by someone else.
So what are the main differences and similarities that you need to be aware of? Here are several key points to know when registering a trademark in Canada:
- The vocabulary used in Canada and the United States is slightly different. In Canada, “Trademark” is often spelled “Trade-mark,” and “Goods” are referred to as “Wares.”
- The opposition period in Canada is two months, compared to 30 days in the United States.
- Canada and the United States are both part of the Paris Convention for the Protection of Industrial Property. This means that if a Canadian applicant files a trademark application in the United States within six months of filing in Canada, the U.S. application can claim the same filing date as the Canadian application. The same applies in reverse for U.S. applicants filing in Canada.
- In the United States, when you apply for a trademark, you need evidence of use—meaning you must show that the mark is being “used in commerce.” In Canada, you do not need evidence of use at the time of filing or renewal. However, if your registration is challenged, you will need to provide proof of use.
- In Canada, there is no distinction between a “service mark” and a “trademark.”
- In Canada, surnames and descriptive marks generally cannot be registered.
- In Canada, the classification system differs from that of the United States. In the U.S., fees vary based on the number of classes you register in. In Canada, the fee remains the same regardless of the number of classes.
