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Archived updates for Wednesday, April 19, 2006

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:
  1. No Madrid Protocol in Canada
  2. No Fee Classes in Canada
  3. 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)
  4. Canadian Multiple Bases are Treated Independently when Challenged in a Canadian Court
  5. Canadian Foreign Registration Basis Requires Use in Any Country
  6. No Divided Applications in Canada
  7. No Supplemental Register in Canada
  8. Extensions of Time are Leniently Provides in Canada
  9. Renewal Procedure has No Interim Proof of Use Requirement (unlike U.S. "Section 8").

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