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[14] [15] If a trademark application is refused, there is a right of appeal to the Federal Court of Canada. [14] [15] If a trademark application is approved, the Trademarks and Industrial Design Branch is also responsible for advertising it in the Trademarks Journal and, ultimately, processing the registration and renewal of the trademark.
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.
A trademark is a word, symbol, or design used to identify wares or services of a person or company. Trademarks are protected in Canadian law by the Trade-marks Act ( R.S.C. , 1985, c. T-13) . [ 6 ]
The Corporate Affairs and Intellectual Property Office (CAIPO) [1] [2] is a Barbadian governmental agency in charge of various aspects of industrial property right affairs including: patents, trademarks, and industrial designs. [3]
As of January 2014, there were 84 signatory nations to the Nice Agreement; these countries have officially adopted the Nice Classification and apply it in the registration of trademarks. In addition, 65 non-member countries, four organizations and the International Bureau of WIPO also use the Nice Classification.
Such a registration is achieved by filing a concurrent use application (or by converting an existing application to a concurrent use application) and then prevailing in a concurrent use proceeding before the Trademark Trial and Appeal Board ("TTAB"), which is a judicial body within the United States Patent and Trademark Office ("USPTO").
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