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CIPO is responsible for processing applications to register patents, trademarks, copyrights and industrial designs. [11] CIPO's mandate is to provide this service and, more generally, to provide education on intellectual property to Canadians. [12]
Canadian trademark law provides protection to marks by statute under the Trademarks Act [1] and also at common law. Trademark law provides protection for distinctive marks, certification marks, distinguishing guises, and proposed marks against those who appropriate the goodwill of the mark or create confusion between different vendors' goods or services.
Any person who has duly filed an application for a patent, or for the registration of a utility model, or of an industrial design, or of a trademark, in one of the countries of the Union, or his successor in title, shall enjoy, for the purpose of filing in the other countries, a right of priority during the periods hereinafter fixed. [2]
The senior registrant in such a proceeding has ample incentive to oppose the grant of a concurrent use registration, because a registered trademark is presumed to apply throughout the entire United States. Thus, the grant of a concurrent use registration carves out some geographic territory from the senior registrant's exclusive control.
The trademark applicant and opponent then submit pleadings, evidence and arguments to the Trademarks Opposition Board (an administrative body within CIPO), which hears and makes decisions in opposition proceedings. [3] [4] [5] The Board can either refuse the trademark application (in whole or in part) or reject the opposition. [4]
If a patent or trademark registration is applied for during the temporary period of protection, the priority date of the application may be counted "from the date of introduction of the goods into the exhibition" rather than from the date of filing of the application, if the temporary protection referred to in Article 11(1) has been implemented ...
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