Where to register a trademark in canada [Best Answer]

Last updated : Sept 7, 2022

Where are trademarks registered in Canada?

Registering a trademark A trademark application may be filed electronically with the Canadian Intellectual Property Office (CIPO) on its website. The application sets out, among other things, the applicant's name and address, the trademark, and the goods and services with which the mark will be used 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)

Do you need to register trademark in Canada?

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.

How do I copyright my name and logo in Canada?

In order to register your copyright you must file an application accompanied by the appropriate fee to the Canadian Intellectual Property Office (CIPO), a federal agency responsible for the administration and processing of intellectual property rights in Canada, including the registration of copyrights.

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.

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.

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.

What are three types of trademarks?

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

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.

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.

How long does a trademark take 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 trademark my name?

How do you trademark a name? You can file an application to register your trademark online. Your application must specify the goods or services associated with your name, and your trademark will extend only to those goods or services.

What is the difference between copyright and trademark in Canada?

A trademark is a word (or words), a design or a combination of these used to identify the goods or services of a person or organization. Copyright is the exclusive right to copy a creative work or allow someone else to do so and applies to all original literary, dramatic, musical and artistic works.

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.

What can you not trademark?

• Proper names or likenesses without consent from the person.
• Generic terms, phrases, or the like.
• Government symbols or insignia.
• Vulgar or disparaging words or phrases.
• The likeness of a U.S. President, former or current.
• Immoral, deceptive, or scandalous words or symbols.
• Sounds or short motifs.

What is the difference between a trademark and a business name?

The trademark performs a different function than the trade name. The trade name identifies the company while a trademark distinguishes and identifies the source of the goods or services. Confusion can also emanate from the common practice of some businesses including part of or all of the trade name in the trademark.

Do I have to trademark my logo?

To protect your logo, you need a trademark or service mark (trademarks are generally used for products, while service marks are usually applied to services). You should not copyright or patent a logo design.

How do you trademark a business name in Canada?

In Canada, a trade-mark is registered by filing an application with the trade-marks Office together with a non-refundable fee of $336.6 for each trade-mark applied for. It is possible to file an application for registration of a trade-mark that is not yet in use somewhere in Canada.

How do I trademark a name for free?

You can not register a trademark for free. However, you can establish something known as a "common law trademark" for free, simply by opening for business. The benefit of relying on common law trademark rights is that it's free, and you don't need to do any specific work filling out forms, etc.

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Write a comment

hi i'm maxim and i'm head of customer success at leg start welcome to leg start academy in this video we will talk about trademarks what they are who are they for and when to get them registered for your business remember that at all time you can download the slides of this video below in the resource section so let's begin what is a trademark a trademark ELPS distinguished products and services offered by a company from the ones offered by its competitors it may be composed of a word a logo some slogan or moto or a combination of those elements getting your trademark registered is the best way to ensure a legal protection over your brand it prevents your competitors from using a similar trademark in your field in across Canada the train might must be distinguished from your legal name and from the business name of your company the company's legal name is the name under which it has been incorporated it allows to legally identify it the company's business name is the name with which the does business it enables the public to distinguish one company from another watch out having a customized name or a registered business name doesn't protect you the same way as a registered trademark also trademark should not be confused with patents or copyrights copyright is a protection to an intellectual creation like a song a picture or a blog namely any type of content which has to be original and a body so materialize the copyright does not protect an idea that remains into your head for example when you're streaming a show on a non official website or you paste the picture found on the internet you are in theory committing a copyright infringement the source code of a software or of a website is also protected by copyright another example a would be both protected by copyright and my trademark if you get it registered a patent is a legal protection to an invention that is a physical invention that is materialized and must be innovative and useful any entrepreneur incorporated or not who wants to protect this brand image and identity may register is trademarked with the Canadian Intellectual Property Office this registration ensures the intrapreneur that none of his competitors will use its trademark or a similar trademark across Canada for 15 years in February this lifespan will be reduced to 10 years if you're already using a trademark let's say you're promoting or selling products or services using that trademark or planning to do that soon it is certainly time to get it registered the more you wait the more risk you take that a competitor does it before you now you should have a better understanding of what a registered trademark is in the next video we'll get more into the details about it thanks for watching and see you soon

Thanks for your comment Maura Swierenga, have a nice day.
- Victoria Hirte, Staff Member

Thanks for this interesting article

Thanks jamsey173r your participation is very much appreciated
- Victoria Hirte

About the author

Victoria Hirte

I've studied isotope analysis at Kalamazoo College in Kalamazoo and I am an expert in animal law/animal rights. I usually feel impressed. My previous job was radio & tv producer I held this position for 29 years, I love talking about distro hopping and surfing. Huge fan of Audrey Hepburn I practice cycling: road and collect militaria.