How to register a trademark in .
Trademark registration services in Canada
Canada is one of the most developed economies in the world which is why a Canada Trademark is one of the most sought after trademarks. It is the ninth largest country in the world by GDP. The country is rich in natural resources, being the third-highest in the world. According to the source, the country also ranks as the ninth freest globally, having a freedom score of 77.9!
There are many business opportunities in Canada, especially in the service sector. When the market is competitive, businesses need to be distinctive to survive. The distinctiveness defines the business and can be in the shape of the brand name or the slogan. Still, the risk of getting that copied by competitors always remain. Businesses can minimize that risk by getting a trademark registered, enabling them to have loads of advantages, especially in Canada. Whether you need to protect yourself from infringements or want exclusivity, trademarks help achieve these. Trademark also allows the owner to use the symbol ® on the logo, showing that the trademark is registered and is exclusive of all types of usage and rights.
Canadian trademark registration process is not complex and is relatively easy; you can file an application online. Let us look into the entire process step by step:
How to register a trademark in Canada?
Before filing for a trademark, it is recommended to do an extensive search on the trademarks already registered in Canada. This will help save time, energy, and potential rejection of the application.
You can start the process by filing an application, which can be done either online, through mail or by fax. The application is filed with the Canadian Intellectual Property Office (CIPO).
Your application must include your name and address, your trademark, the application fee, and the goods or services associated with the trademark.
Issuance of the filing date by CIPO
If the application you filed is proper and complies with CIPO, an application number and a filing date are assigned. Then the application is entered into the Canadian Trademarks Database.
To find out more about the filing date and its timelines, click here.
Examination and Registrability
Your trademark application is reviewed by an examiner at CIPO to check if the trademark is registrable.
The examiner gives his report about your trademark application, stating the problems (if any) or confusion with an existing trademark.
Response by the applicant
If your trademark application is approved, a formal notice of approval will be sent to you
If your trademark application is refused, you will receive a refusal report that will explain the reasoning behind the refusal, which can be appealed against in the Federal Court of Canada.
Publication – Advertisment by CIPO
If your trademark application is approved, it will be published on CIPO’s website in the Trademarks Journal for two months.
During the time your application is published, others can oppose your application. If that happens, the Trademarks Opposition Board will inform you and send you a copy of the opposition statement.
Both you and the opposing party will then have a chance to file evidence and written arguments to support your claims.
If the opposing party is successful in their claims, then your trademark registration application can be completely or partially refused. You can appeal against this in the Federal Court of Canada.
If your trademark application receives no opposition or if the opposition is unsuccessful, your application will go towards registration. Once this happens, you will receive a registration certificate, and CIPO will enter your trademark in the Register of Trademarks.
To get more info on when to expect your trademark certificate, click here.
There are no specific documents required to register your trademark other than the details of the trademark itself.
Price of Trademarks
Trademark registration cost in Canada
The application fees to register a trademark online through CIPO’s website is CDN $336 for first class and then CDN $102 for each additional class added to the application.
If the application is submitted through means other than online, the fees are CDN $438.60 for first class and then CDN $102 for each additional class.
Click here for more info regarding different costs.
Age of Trademarks
How long does the Canada trademark last?
Trademarks in Canada lasts for 10 years, with a renewal fee after that period.
The fee for the renewal of a Canada trademark registration, if submitted online through CIPO’s website, is CDN $408 for the first class and then CDN $127.50 for each additional class.
If the renewal fee is submitted through means other than online, then for the first class is CDN $510 and then CDN $127.50
People all over the world like what they know and trust. This is how a company’s corporate image is developed. One way to protect your brand and corporate image is to register a trademark. This not only adds value but also gives you legal protection and title. With the help of trademarks, you can distinguish yourself in your customers’ minds and in the market.
At Trademark International, we provide hassle-free trademark registration services catered to your needs in compliance with the international requirements and standards. Canada’s trademark registration doesn’t have to be complicated, and that’s why Trademark International is here to assist with all of your intellectual property needs.
What to do? How to do it? When to do it? Will it work?
If these are the questions that come to your mind when thinking of registering a trademark, you have come to the right place. We, at Trademark International, answer these questions and more! Offering multiple trademark services, we guarantee client satisfaction. For expert advice and consultation, contact us now!
Frequently Asked Questions
The process for registering a trademark varies from country to country. To file for a trademark in the US, you can file an online application with the USPTO. The USPTO entertains two types of applications: ‘In-use’ and ‘Intent to use’. The online application is known as Trademark Electronic Application System (TEAS).
Just like every country has its own registration process, the cost varies as well. Depending on the legal fees and the length of the process, the cost can go up or down. In the US, the price of registering a trademark ranges from $500 to $3000.
You need to file an application which should contain: your name and address, if it’s a business then the type of legal entity it is, details of the trademark, list of goods and services, the details of the class(es).
Yes, you can file for both: a local and an international trademark. Some countries entertain a single application to register a trademark locally as well as internationally.
Yes. It is possible to register a trademark in multiple countries with a single application but it depends on which union the country is part of. You can do this through the Madrid Protocol or EUIPO.
Countries have different laws regarding what can be registered as a trademark. In the US, the types of trademarks that can be registered are slogans, shapes, names, phrases words, images, 3D shapes, holograms, smells, and colors.