Registering a trademark in Canada with the assistance of our lawyer can help ensure that your trademark is properly protected and that you follow all the necessary legal procedures. Our lawyers have the legal knowledge and experience to navigate the process efficiently, minimizing the risk of errors or complications. They can also provide guidance on trademark strategy, enforcement, and protection.
It is a document that provides information about existing trademarks that are similar to or potentially conflicting with the trademark you want to register. It is an essential step in the process of trademark registration and helps you assess the potential risks and challenges associated with your desired trademark.
Trademark Search: Conduct a comprehensive trademark search to ensure your desired trademark is not already in use. While not mandatory, it's highly recommended to avoid potential conflicts. Determine Trademark Eligibility: Make sure your trademark is eligible for registration. It should be distinctive, not generic, and not infringe on someone else's trademark rights. Identify Goods and Services: Clearly define the goods or services associated with your trademark.
Trademark Search Report: Conduct a thorough search prior to publication to identify potential conflicts with existing trademarks and assess the likelihood of a successful application. Trademark Examination: Undergo the scrutiny of the trademark application by the relevant authorities to ensure compliance with legal requirements. Publication: Progress to the official publication of the trademark in a gazette or journal, allowing public review and potential opposition. Opposition Period: Enter the phase where third parties can raise objections to the trademark registration within a specified timeframe following publication. Approval and Registration: Move towards the final stages, involving the resolution of any oppositions and the payment of required fees in the issuance of the official trademark registration certificate.
When Canadian Intellectual Property Office receives your trademark application, they will review it to ensure that it is complete and will provide a filing date – the date on which your application met all the filing requirements.
In Canada, trademark ownership is not limited to Canadian citizens or residents. Trademarks can be owned by a variety of entities, including: Businesses, Non-profit Organizations, Foreigners and Foreign Entities.
Yes, you are required to have a Canadian address to receive notice/letters from CIPO. If you don’t have an address in Canada, you may buy our address service.
Wordmarks consists of letters, numbers, or a combination of both.
A "design mark" typically refers to a visual or graphic representation of a trademark that includes distinctive design elements, stylized text, and unique graphics. A design mark is a type of trademark that consists of more than plain text.
In a Canadian Intellectual Property Office (CIPO) trademark application, you are required to specify the goods and services associated with your trademark. This is an essential part of the application process and our lawyers will categorize your goods and services according to the Nice Classification system.
If your trademark will be used in connection with physical products or goods, you need to list the specific types of goods. For example, if you're a clothing retailer, you might list "clothing, footwear, headgear".
If your trademark will be used to provide services, you'll need to specify those services. For instance, if you're a restaurant owner, you might list "restaurant services, catering services".
Be specific and accurate in describing your goods and services and avoid overly broad or generic descriptions.
Yes, there’s an additional cost of $215 for adding extra types of goods/services.
If you're uncertain about how to classify your goods and services, select from the form “One type of Goods” or “One type of Services” and our lawyer will assist you in accurately categorizing your goods and services, ensuring that your application is precise and comprehensive.
After the submission of your trademark application in Canada, there are several additional services that a lawyer can provide to assist you with the post-submission process.
Office Action Response: If the Canadian Intellectual Property Office (CIPO) issues an office action, which is a written report detailing any issues or objections with your application, our lawyer can help you prepare a well-informed response.