Trademark application process canada [Fact-Checked]



Last updated : Aug 10, 2022
Written by : Lazaro Bethany
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Trademark application process canada

How long does it take for a trademark to be approved in Canada?

Depending on the country where the application is filed, the trademark registration process can take anywhere from a few months to a few years. Most applications in Canada are processed within 18 to 24 months.

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)

What are the steps in trademark process?

  1. The Principal Register. It's typically wise to apply for registration on the USPTO's Principal Register.
  2. The Bases For Filing.
  3. The Contents of the Application.
  4. Online Filing.
  5. Confirm Filing & Monitor Status.
  6. Respond To Office Actions.
  7. The Mark Is Published.
  8. Submit A Statement Of Use.

How long does it take for trademark to get approved?

Usually, the process takes 12 to 18 months. Registering your trademark is a complex procedure that involves your application moving through various stages. Learning about each stage in the process will help you understand why getting a trademark takes as long as it does.

How do I know if my trademark is approved Canada?

A trademark examiner will review your application and determine if the trademark can be approved for advertisement in the Trademarks Journal. If there are any doubts about your application, the examiner will let you know. You will then be able to respond.

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.

How much does it cost to trademark a business 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.

How long are trademarks valid for?

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.

What are the three requirements for trademarks?

  • Arbitrary, fanciful, or suggestive: If a mark is a part of one of these three categories, the mark is inherently distinctive.
  • Descriptive: A descriptive mark can only be trademarked if it has taken on a second meaning.
  • Generic: Marks that are generic are never trademarked.

What are the five steps in registering a trademark?

  1. Think of a trademark that identifies with the goods you are offering or that is unique.
  2. Search the USPTO trademark database.
  3. File your application with the USPTO.
  4. Pay the processing fee.
  5. Keep track of the application process.

How hard is it to get a trademark?

Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer's help. The simplest way to register is on the U.S. Patent and Trademark Office's Web site, www.uspto.gov.

Can I use my trademark while its pending?

A trademark pending status is an interim solution for protecting your intellectual property. You can use the trademark or service mark symbols with your design, but you need to make sure you file the trademark application as soon as possible.

Can you expedite a trademark application?

For a fee, you can file a petition to make special to advance a trademark application out of turn. Such a petition will require evidence of very special circumstances, such as a demonstrable possibility of the loss of substantial rights.

Do I need a patent or trademark?

If you're trying to protect a unique mark that identifies goods from your company, you need to apply for a trademark. If you want to protect a product or the ornamental design of a product, apply for a patent.

Can I file a trademark myself in Canada?

The most common way to submit a trademark application in Canada is to file directly with the Canadian Intellectual Property Office. Simply go to the CIPO website, and submit your application, along with any other requested documents, and pay your application fee.

Should I trademark my business name or logo?

For this reason, you should apply for both trademark registrations if you have a business name and a logo you wish to protect. Wordmarks and design marks represent two very different aspects of your brand. Protecting just your name may not sufficiently protect your logo from being used by someone else.

Should I 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.

Can I put TM on my logo without registering?

The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO.

Can I trademark a name without a business?

You can't register a trademark for non-business purposes. You can only trademark a brand name that you're using in business or that you intend to use in business in the near future. You can't register a generic or descriptive name.

What to do after applying for trademark?

After an application is filed, the same is Examined by the Examiner of Trademarks. Normally the Examination process takes 12 to 18 months to be completed. The examiner could also for any clarifications from the applicant if any discrepancies are found, and the same shall be justified from the end of the applicant.


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Trademark application process canada


Comment by Edgardo Grandt

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 Edgardo Grandt, have a nice day.
- Lazaro Bethany, Staff Member


Comment by Shandra

today we're going to be talking about trademarks and the trademark application process in Canada in six steps and counsel is a law firm for creatives and entrepreneurs in the areas of social media law technology entertainment copyright and trademarks step one filing a trademark application a trademark registration is obtained to protect a brand name logo or slogan a registration gives you rights across Canada a trademark applicant must be a person entitled to registration also refer to as illegal entities the person or legal entity may be an individual partnership trade union association joint venture or corporation a predecessor and title must be named on the application indicating previous ownership do a preliminary search of the existing trademarks first to make sure your trademark or brand name is available and you can do this through simple internet searches and a new on search of business names to see if others are using your proposed name or a similar name a lawyer or agent can also search the trademarks database for you the trademark application can be filed online with a $250 filing fee through a trademark agent or lawyer now you can do this yourself but it's highly recommended you have it done properly you will need to pay a separate fee to the agent or lawyer once your trademark application is filed you will get a filing date and application number usually within one day the good news is now you get priority over your proposed trademark on that filing date even though your trademark is pending registration you also get a priority date for an application filed in another country within six months of the first filing the trademark application will now be entered into the Canadian trademarks database you will then receive a formal filing acknowledgment and proof sheet with information about the application step to the examination process next you will hear from the trademarks examiner who will provide an examiner's report this can take approximately anywhere from six months to one year the application was reviewed by the examiner to ensure compliance with the trade marks act and regulations to determine if it can be approved for advertisement in the trademarks journal the trademarks examiner will notify you with an office action of any objections on your application such as whether your description of your wares or services are too broad unclear or need to be revised the examiner may ask you to disclaim the rights to the exclusive use of certain words in your trademark the examiner will conduct a search of the register to see if there are any prior applications or registrations that are confusing with your application you can respond back to the examiner addressing these concerns if the examiner is not satisfied with your response you will receive a letter that your application has been refused along with a list of the grounds for refusal now you may amend certain aspects of the application to address the examiners concerns and you can also submit arguments to the examiner for reasons why the application should not be amended the application gets prosecuted back and forth between the applicant agent and the examiner until the notice of allowance stage this back-and-forth process can take several months to a year or more if the examiner does not move your application forward you can appeal to the Federal Court of Canada step 3 the pre-publication search the examiner conducts a second search to make sure there are no trademarks that are registered or applied for that could conflict with your proposed mark step for publication the application is now advertised and published in the trademarks journal to allow for any opposition's or challenges to your application the trademarks journal provides your name address file number filing date the trademark whether the application is based on use or proposed use any disclaimers claims and the goods and services for which the trademarks are used are proposed to be used in association with advertising allows a party to object to a trademark before it's approved step 5 opposition an application advertised in the trademark journal may be opposed by party with valid grounds within two months of the publication date they must file a statement of opposition or request an extension of time to oppose along with payment of a fee step 6 allowance and registration this is our last step if the application is not opposed or if you are successful in an opposition proceeding the application will be allowed for registration and you will receive a notice the trademark can be registered once the government fee of $200 is paid if your application or part of it was based on proposed use you will now need to provide a sworn declaration stating you have commenced use of the trademarks with respect to those goods and services you can request extensions of time if you haven't used the mark with a particular good or service you will then be issued a certificate of registration and your trademark will be entered into the register of trademarks a registration fee and if you file based on proposed use a declaration of use indicating the mark as being used in association with the wares and services must now be provided you will then obtain an official registration certificate usually about four weeks later the timeline for the entire process can vary anywhere from 12 months to 18 months or more from the date of filing your registration is valid for 15 years and renewable every 15 years after payment of a renewal fee to the government congratulations as you now have exclusive use to your trademark for those goods and services if you need help with your application feel free to contact us this was not intended to be legal advice but just general information on the trademark process contact us at bandana at and counsel comm for more information and if you want to obtain the slide deck go to WWN council comm slash blog slash trade - mark - registration thank you very much


Thanks Shandra your participation is very much appreciated
- Lazaro Bethany


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