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Can a Canadian company register trademark in the US?

Posted on August 15, 2022 by Author

Can a Canadian company register trademark in the US?

Before you start the process to register your trademark in the U.S., you should first file the mark in Canada, where your business is based. This means that if you own a Canadian trademark, your U.S. trademark can be registered up to five years before you must show “use in commerce” in the United States.

Can I use a trademark registered in another country?

No, a U.S. trademark registration will not protect your trademark in a foreign country. Trademarks are territorial and must be filed in each country where protection is sought. To file with a specific country, check WIPO’s list of international trademark offices.

Can a Canadian company have the same name as a U.S. company?

To be approved by Corporations Canada, your business name must be distinct and not conflict with any existing business names. It also cannot be similar to the name of another business in your geographical area that sells similar goods or services.

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Does Canada honor US trademarks?

Are Trademarks in the U.S. protected in Canada? The protection of a registered trademark only extends to the jurisdiction in which it was registered; therefore, if your trademark is registered in the U.S., your trademark would only be protected in the U.S. and not in Canada.

Can foreigner register trademark in US?

The answer is yes. Anybody, anywhere in the world can file a US trademark application.

Can 2 businesses have the same name Canada?

Generally, all businesses operating in Canada must comply with federal, provincial, and municipal laws regarding business names. In practice, what this means is that two businesses may very well have the same name.

Are U.S. trademarks protected in Canada?

How long is a trademark valid for in Canada?

In Canada, registration of a trademark is valid for fifteen years. A trademark registration is renewable every fifteen years for an additional 15 years upon payment of a renewal fee.

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Do trademarks have to be registered in all countries?

Trademarks are territorial and must be filed in each country where protection is sought. However, if you are a qualified owner of trademark application pending before the U.S. Patent and Trademark Office (USPTO), or of a registration issued by the USPTO,…

Can a non-resident apply for a trademark in Canada?

Anyone from outside Canada may apply for a Canadian trademark. However, as a non-resident, it is necessary to appoint a representative for service in Canada who is qualified to receive correspondence from the Trademark Office. A representative for service does not act in the same manner as a registered trademark agent.

How often do you have to renew a trademark?

The step-by-step process to file a new or revised trademark application. The trademark renewal process, which must be repeated every 10 years. Selling, bequeathing or transferring the ownership rights of your trademark. Fees for trademark filing, registration, renewal and other services.

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