Announced for many years, Canada has finally joined the Madrid system!
This country becomes the 120th country likely to be designated by an international mark from June 17, 2019.
Why should we welcome such membership?
The main advantages of the international brand are:
. A single trademark registration designating one or more member countries,
. A single contact: WIPO (WIPO)
. A single brand number,
. A single procedural language (choice of French language for example),
. A single request to designate several classes (multi-class filing),
. A single registration certificate,
. A single renewal request,
. A single registration request in the event of a change of name, address or holder.
As a reminder, the initiation of an international trademark procedure is however conditional on the existence of a basic trademark (registered or registered) in a State or an organization member of the Madrid System.
Each designated territory has a maximum period of twelve to eighteen months from the date of notification of the international registration to examine the mark under its own legislation.
Until June 17, 2019, a trademark owner wishing to extend his rights in Canada must file his trademark directly with the Canadian Office through a local agent. The Madrid System avoids such a very specific procedure by reducing the often complex administrative procedures and allowing the same legal protection as filing a national trademark. In this regard, Canada has developed its trademark protection legislation quite considerably, in particular by harmonizing it on many points with that of the European Union, for example (we will come back to these aspects later).
Do not hesitate to contact us if you want additional information and especially if this country is of commercial interest for your activity. For the record, trademark rights are territorial so that a single registration in France does not protect you in other countries!