Question
Hello! We would like to register a trademark for our mobile app. However, we have noticed that a word mark of the same name has been registered some time ago, but the trademark register shows an expiry date within the next two months. Does this mean that after the two-months period, we will be able to register our trademark?
Answers: 1 public & 1 private
CIPO will send a renewal letter (usually a month after renewal deadline). Then the currentl owner will have 6 months to renew.
Importantly, just because the current owner does not renew does not necessarily mean that they have abandoned the trademark, they may still have common law rights.
Also, the conflicting trademark registration is only of concern if it is issued in respect of the same or similar products and services.
Feel free to email me at tm@trademarkfactory.ca if you have further questions. We'll see how we can help you.
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