Canadian and U.S. Trademark Procedure Differences
According to Kohji Suzuki at Smart & Biggar, here are the most important differences between U.S. and Canadian trademark application procedures:
- No Madrid Protocol in Canada
- No Fee Classes in Canada
- No ITU Filing When Mark is Previously Used in Canada (and its often difficult or impossible to amend the filing basis or date of first use after filing)
- Canadian Multiple Bases are Treated Independently when Challenged in a Canadian Court
- Canadian Foreign Registration Basis Requires Use in Any Country
- No Divided Applications in Canada
- No Supplemental Register in Canada
- Extensions of Time are Leniently Provides in Canada
- Renewal Procedure has No Interim Proof of Use Requirement (unlike U.S. "Section 8").
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