How to register for trademark in canada [New Info]

Last updated : Sept 26, 2022
Written by : Vickie Tidrington
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How to register for trademark in canada

Can I register a trademark myself in Canada?

To obtain a Canadian trademark registration, you must apply to the Canadian Intellectual Property Office (CIPO). A CIPO trademark application will need to be accompanied by the $335.93 government filing fee plus an additional $101.80 for each additional class of goods and services beyond the first.

What is the process of registering a trademark in Canada?

  1. 1 – Filing (applicant)
  2. 2 – Filing date issued (CIPO)
  3. 3 – Examination: checking for registrability (CIPO)
  4. 4 – Examiner's report (CIPO)
  5. 5 – Response (applicant)
  6. 7 – Advertisement (CIPO)
  7. 8 – Registration (CIPO)
  8. 9 – Renewal (applicant)

How much does it cost to get something trademarked in Canada?

Official Fees There is a trademark application filing fee of $335.93 CAD for the first class of goods and services in your Canadian trademark application. For each class of goods and services beyond the first, there is a further cost of $101.80 CAD per class payable when filing your application.

Do you need to register trademark in Canada?

A registered trademark is one that has been entered in the Register of Trademarks. The certificate of registration is direct evidence that you own the trademark. You do not have to register your trademark; by using a trademark for a certain length of time, you may have rights under common law.

What are three types of trademarks?

What you'll learn: Arbitrary and Fanciful Trademarks. Suggestive Trademarks. Descriptive Trademarks.

How long does a trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

Can I apply for a trademark myself?

Any layman who wants to register a trademark can apply himself. But when the practical applicability is considered, appointing an attorney will ease the process to register a trademark. Certain procedures are to be followed to apply for a trademark. An application is filed.

Do I need to trademark my business name Canada?

Even if your company name or your business name is registered federally (Corporations Canada), provincially or territorially, it is recommended to also obtain trademark registration to better protect your brand.

Do I need to trademark my business name?

There's no legal requirement for you to register a trademark. Using a business name can give you 'common law' rights, even without formally registering it.

What is the difference between copyright and trademark?

Copyright protects original work, whereas a trademark protects items that distinguish or identify a particular business from another. Copyright is generated automatically upon the creation of original work, whereas a trademark is established through common use of a mark in the course of business.

How do I pick a trademark name?

  1. Avoid Trademarks that cannot be Registered.
  2. Avoid Surnames.
  3. Avoid Confusing Trademarks.
  4. Avoid Purely Descriptive Words.
  5. Avoid Generic Words in a Trade mark.
  6. Avoid TLA's (Three Letter Acronyms) and Numbers.
  7. Use animal or plant names.

How much does trademarking a logo cost?

What Does it Cost to Trademark a Logo? The cost to trademark a logo with the U.S. Patent and Trademark Office (USPTO) is $275–$660 as of June 2020, plus legal fees. You can register a trademark with your state for $50-$150, but federal registration offers a great deal more legal protection.

How soon should I trademark my business?

In most cases, the best time to file a trademark application for your business name is right after you've filed paperwork to form your LLC or corporation. By doing this before your business officially launches, it protects the name for commercial use once you're up and running.

What Cannot be registered as a trademark?

Trademarks which contain or comprise matter likely to hurt the religious susceptibilities of any class or sections of citizens of India. Trademarks which contain or comprise scandalous or obscene matter. If the usage of the trademark is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950.

Can I use a trademark before it is registered?

Use or file trademark first? You do not have to apply for a trademark prior to using it. In most cases, trademark rights in the US are granted to the first one who uses a mark in commerce on particular goods or services. US trademark law recognizes the first user.

What are some 5 examples of trademarks?

  • Under Armour®
  • Twitter®
  • It's finger lickin' good! ®
  • Just do it®
  • America runs on Dunkin'®

What is the most common reason that a trademark might be rejected?

Likelihood of confusion is the most common reason an application will be rejected by the USPTO. Essentially, if there is a high probability that the general public will confuse your trademark with someone else's (already existing) trademark, your registration will not be granted. The two marks need not be identical.

What is the main requirement for a trademark?

Two basic requirements must be met for a mark to be eligible for trademark protection: it must be in use in commerce and it must be distinctive. The first requirement, that a mark be used in commerce, arises because trademark law is constitutionally grounded in the congressional power to regulate interstate commerce.

Can you lose a trademark?

You can lose a trademark in a variety of ways. You can lose a mark through abandonment. A mark will be considered abandoned if you stop using it for three consecutive years and you have no intent to resume its use. You can also lose a mark through improper licensing or improper assignment.

What can I do with a trademark?

A trademark protects a good or service offered by a company from infringement or damage of reputation by another company. With a trademark, you have legal recourse to sue another company that uses your likeness to further their own business ventures. This includes both registered and unregistered trademarks.

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How to register for trademark in canada

Comment by Lorriane Cyphert

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 Lorriane Cyphert, have a nice day.
- Vickie Tidrington, Staff Member

Comment by sinapsamiW

Thanks for this interesting article

Thanks sinapsamiW your participation is very much appreciated
- Vickie Tidrington

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