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Oh Canada social trademark thy brands am Andre mink of the founder of trademark factory Canada has gone through some significant changes in its trademark laws lately and is now closer to all the rest of the world dust trademarks and in this video I'm going to share how to trademark a brand name and logo in Canada first of all if you or your company are not in Canada and you have a trademark application or registration in your home country if you are plenty to protect your brand in more than five other countries know that you may now include Canada in your Madrid trademark application this is new as Canada has for years refused to join the Madrid system and now he's finally a member yay also if you already have your International Madrid registration you can now add Canada through the subsequent designation mechanism this is basically how you can expand the geographical scope of your International registration without having to go through the whole process from scratch okay with Madrid applications out of the way and by the way I have several other videos that explain the Madrid system in more detail now let's talk about registering your trademark in Canada directly now there are a few things you should keep in mind first of all aside from the brand owner the only persons authorized to communicate with a Canadian Intellectual Property Office are registered trademark agents being a lawyer or a patent agent or just someone who knows a lot about trademarks is not good enough you need to be properly recognized and have a trademark agent license now just to give you some context most lawyers in Canada are not licensed trademark agents now as much as I despise the idea of licensing of government licensing things are what they are so it's just something you should accept as reality now if you don't want to file and prosecute your trademark application yourself you need to have a registered trademark agent do it for you okay second the trademark you process in Canada now takes crazy long time usually more than two years now it used to be that they would examine your trademark application within six months after filing then it became eight then nine then 11 now it takes over a year for them to look at most applications for the very first time it just sits there and I know it's super frustrating but that's what it is now expect your application will take forever to go through and start sooner rather than later okay the process itself is very much like trademark registration in most countries now first you should conduct a search to see if your brand is trademark Abel now in theory it's optional Canadian Intellectual Property Office is not gonna require you to produce any evidence that you have done your homework that you have done your searches but why would you start a two-year process without having a clue as to whether your trademark is even registrable it doesn't make any sense and I don't mean just a knockout search when you're searching for identical trademarks only I mean do a proper comprehensive search to make sure you're not wasting your time and money okay then you would file your trademark the government fees are now three hundred and thirty Canadian dollars for the first class of goods and services in which you file your trademark plus one hundred Canadian dollars for each additional class now for example if you file your trademark in four classes you will pay six hundred thirty Canadian dollars as filing fees three hundred plus three times one hundred and yes Canada has finally adopted the NYSE classification so all applications need to have goods and services grouped according to the official classes by the way we've released several videos on classes and our working and a few more so if you want to know more about how trademark classes work make sure you subscribe and check out our other videos now most trademark applications are filed online through C polls website and then once the examiner finally reviews your application for the first time they will either mail you a notice of approval or an office action and I mean mail by paper now we receive dozens and dozens of envelopes every week and then we scan and shred them you would think that they'd have figured out a way to post these documents online by now but hey they're gonna tell you how much they care about saving the environment and text the crap out of you and then they're gonna send you tens of thousands of letters that could have easily been sent by email but I digress if you receive the notice of approval you'll have a chance to review it to make sure all details are correct before your application gets published in the trademarks journal for opposition purposes and if you receive an office action you will have six months to respond to it by fax or by mail now by email not through an online form by fax or by regular mail now the next time you'll hear from the examiner will be many many months later and then you have another six months to respond and so on now assuming the application eventually gets published anyone will have two months to oppose your trademark application or request a three months extension of time to do so if your application is opposed then there's a whole lot of procedural back-and-forth that you would need to go through including in certain cases oral hearings and if you win the opposition or if nobody opposes your application within this period your trademark application will be allowed and registered yay the funny thing here is that while sepal sends all of their notices and office actions by regular mail only document you would actually want to receive as an original would be the trademark registration certificate but guess what it's the only document they send you as a go figure now I thought it was kind of dumb so what we do here a trademark Factory is we print these PDFs out we put them in a nice custom frame and we mail them to our clients I mean after all this is the moment they've been waiting for two freakin years and we want them to have something tangible to celebrate over not some PDF file okay once your trademark registers in Canada you will need to renew it in ten years and then every ten years after that so that's how you trademark your brand name and logo in Canada I hope this gives you a pretty good idea of the process and just so you know we can help you with the entire process from start to finish for a single all-inclusive flat fee risk-free guaranteed not me personally I'm a registered Canadian trademark agent our all-inclusive flat fee is not a bait-and-switch offer to get our foot in the door and then milk you as an ATM as the trademark you process unfolds it covers everything from filing to registration except for our positions and by the way yes we do have a package that covers our positions as well and yes if you're serious about your brand and your business you will find our fee very much manageable and affordable just don't expect some silly offers where they say you can get your brand trademarks for a couple hundred bucks and if we fail at getting your trademark registered in Canada you will get a full refund no matt
Thanks for your comment Margarito Cleaveland, have a nice day.
- Deon Dayhuff, Staff Member
hi everyone i'm attorney aidan durham with 180 law co in colorado and you're watching i'll open your business on this episode of all opinion business we're going to talk about how much it costs to register a trademark with the united states patent and trademark office or uspto but first don't forget to like subscribe and share and check the description for links to additional information and resources all right so it's no secret that probably the best way to protect your business's brand like its name or logo is with a registered trademark registering a trademark with the uspto is really the best way to secure whatever brand element you have your business name logo and other trademarks so if you've decided to go that route how much should you expect to pay for it now if you're not new to my channel if you've seen some of my videos before you can probably guess the short answer to this question come on everybody i know you know what i'm about to say let's say it together it depends it always depends everything always depends so the cost to file a trademark application and get your trademark registered is going to depend on a few different factors and of course it also depends on if you're doing it yourself versus working with an attorney or having somebody help you i'm going to start off by just talking about fees involved the uspto's fees so if you're filing the application on your own what are the actual costs and fees associated with the application i'll touch on lawyer fees and how much those might cost towards the end of the video so the first thing it's going to depend on is which application you use if you file the teas plus application versus the teas standard application the fees are going to be different now you can check back to one of my older videos where i talk about the differences between t-e-a-s plus and t-e-a-s standard i'll link to that in the description i go into a lot more detail about what the differences are but the initial difference is the filing fee so for the teas plus application it's going to be 250 bucks per class of goods and services for the teas standard application it's going to be 350 per class of goods and services so what do i mean when i say per class on the application we have to identify the goods and or services with which we are using the trademark what is it that we're selling with this trademark we have to let the uspto know there are different classes different categories to an extent of goods and services i think maybe 45 something in the 40s around 45 different classes and sometimes we need to file in multiple classes if we're selling multiple types of goods and services and so that filing fee whether it's 250 or 350 is going to be per class so let's assume we're just filing in one class of goods and services and we're using that teas plus application it's going to be a one-time fee of 250 bucks to file the application now this tes plus application there are some requirements that go along with it certain requirements that we have to meet in order to benefit from that reduced fee with the teas plus application again check back to that other video where i go into more detail about what those requirements are but if we fail to meet all those requirements if we submit the application and it turns out we didn't meet all the requirements they're going to want their money they're going to want that extra 100 bucks so if we file the tas plus application but we're missing one of those requirements there's going to be an additional 100 per class fee that will be due to the uspto so that's the first difference are we using a teis plus or the teas standard application the second difference has to do with the filing basis so again when we submit the application we have to let the uspto know if we are filing on a 1a current use basis or a 1b intent to use basis current use is kind of what it sounds like it means we are currently using the trademark in commerce in connection with our goods and services our goods and services are available for people to purchase and we are using our trademark in connection with those goods and services currently as of the date that we file the application or we can file on a 1b intent to use which again is what it sounds like we're not currently using the trademark but we intend to use it so with that 1b intent to use filing basis at some point later on after we file the application after an examining attorney has been assigned after the examining attorney has looked over the application after they've done their search to make sure there are no confusingly similar trademarks already the examining attorney is going to issue a notice of allowance and once we get this notice of allowance we have six months to file a statement of use showing that we are now using the trademark in commerce or we can request a six-month extension and we can continue requesting extensions for up to about three years so with that one b intent to use application we have to file a statement of use and or request extensions at some point in the process and there are going to be filing fees associated with that so with the statement of use it's a hundred dollar per class filing fee to file the statement of use if we are not ready to file a statement of use and we need to request an extension it's 125 per class for that extension request those fees don't apply if we are filing on a current use 1a basis because we're basically already giving them the statement of use when we submit the application so we don't have that additional filing later on therefore we don't have that additional filing fee so looking at all that if we're trying to keep our fees as low as possible we want to use the teas plus application and we want to file on a 1a current use basis otherwise with the 1b intent to use basis we're going to have those filing fees 100 or 125 per class for the statement of use or the extension requests for most people most applicants that's going to be it of course there are situations where additional fees might come up sometimes we need to divide an application kind of split into two sometimes we'll have to deal with an opposition proceeding which means we're dealing with the ttab or trademark trial and appeal board and there are going to be fees associated with that kind of an issue so you know it's not always the case that these are the only fees there are certainly instances where other filing fees can come up but you know the majority of instances for most people it's just going to be that initial filing fee and then potentially those filing fees for the statement of use or extension requests if we filed on a one b basis so great the application is has gone through and our trademark is registered are there gonna be other fees yes of course there are what are they going to be of course it depends but so after the trademark is registered a few years after it's registered i think five years maybe it's four years now we'll just say four to five years after the trademark's registered we have to renew it basically a trademark can stay registered forever potentially as long as we are continuing to
Thanks donasemQ your participation is very much appreciated
- Deon Dayhuff
About the author
I've studied management cybernetics at Florida Agricultural and Mechanical University in Tallahassee and I am an expert in oomoto. I usually feel impressed. My previous job was restaurant manager I held this position for 15 years, I love talking about spreadsheets and pottery. Huge fan of Romain Bonnet I practice wrestling and collect coca-cola.