The term ‘intangible property’ means any tangible personal property or intellectual property that can be registered under any law of Canada or a jurisdiction in which the business of an entity of which the entity is a part is engaged.
Article 12.1 Intellectual Property and Intellectual Property Rights In general, the right of an individual to possess, control, and use an intellectual property right is a fundamental human right.
Article 13.1 Trademark, Patent and Trademarkee Rights in Canada A trademark is a registered trademark, a design, a logo, or other distinctive symbol of a person or entity, usually of an identifiable description.
A patent is a patent that is registered under the Patent Act.
A trademark or a copyright is a copyright that is protected by a copyright.
A design is a decorative design that is identified by the use of a recognizable pattern or style of materials.
The right to use a trademark is limited to the right to sell goods, services, or property of the person, company, association, or corporation with which the trademark is registered.
A copyright is an exclusive right to reproduce, distribute, transmit, display, modify, create derivative works from, and perform the works protected by the copyright, including translations, adaptation, and compilation, without compensation to the copyright owner.
A trade mark is a mark or any distinctive design that identifies an entity or property or identifies goods, or the goods or services associated with that mark, in a way that identifies the goods, and that is used or embodied in goods, to mark the entity or product for sale.
A registered trademark or registered design is one that is commonly used in commerce and that a reasonable person would regard as belonging to the same entity or to one of its members.
A generic term, commonly used to describe many things, such as a name, logo, brand name, brand image, or service, is a trademark or other registered design that includes only those words or symbols.
A tradename or tradepath is a word or other descriptive name that is not part of a registered design or trademark and that identifies a product, service, or organization, without distinguishing it from any other products, services or organizations that may be used with the same product, services (such as an online catalog), or organizations (such, a company, organization, or franchise).
A registered design of a trade mark that identifies only the registered design does not constitute a trademark, but it does identify the product, the name, the logo, the brand, the mark, or any combination thereof, as well as the mark.
A mark may be a trademark if it is associated with an actual entity or trademark in commerce.
Trademarks may be registered by the Registrar of Patents and Trademark Office (RPTO), Canada’s Official Trademark Office.
The RPTO can determine the registration status of a trademark by using a database of registered designations of other entities or by a database maintained by the Canadian Intellectual Property Office (CIPO).
A trademark registration may be suspended, revoked, or invalidated in Canada under the Trademark Act or under the Copyright Act, and subject to other applicable laws and regulations.
In the absence of an agreement between the parties, a trademark registration must be renewed.
A temporary registration is valid for a period of up to 10 years.
A permanent registration is effective for a further period of 10 years, if renewed within that period, or for the entire term, if no longer than one year has elapsed since the registration.
If a temporary registration has been granted, the new holder must renew it, but the new registration may not be used for a new business.
A limited term is an ongoing term that expires when a trademark owner fails to renew a temporary or permanent registration within 60 days after the expiration date.
A new registration must not be granted if the holder does not have a current registered design.
A renewed registration can only be used to register new designs or marks and it cannot be used as an alternative to the registered mark.
Trademark registration rights can be restricted or revoked in a number of ways.
The Registrar of Permanency of Trademets (RPPT) is a body established by the Government of Canada to regulate and oversee the registration and renewal of trademarks and their rights.
The Canada Intellectual Property Act sets out the procedure for the RPPT to exercise its powers and the procedures for revoking or suspending a trademark’s registration.
An individual, partnership, corporation, or business may request a review of a revocation or suspension.
A business or individual may seek an injunction or other remedy.
A company can file a complaint with the Registrar’s Office.
A person may file a formal complaint with a provincial or territorial court or the federal court.
The Office of the Chief Patent Counsel may also file a proceeding on behalf of a corporation.
A notice of complaint may be served on a party that has been denied a trademark rights claim.
A decision on the complaint is final.