Trade-Mark Registration (Trade-mark Application & Name search)
What is a trade-mark ?
- A trade-mark is a word (or words) and / or a design, used to distinguish the goods or services of a particular company and to differentiate one company’s offerings from its competitors.
- Once a trade-mark request has been approved by the CIPO (Canadian Intellectual Property Office), the trade-mark will be protected for 15 years across all provinces in Canada.
Why register a trade-mark ?
- To have ownership over your company branding
- To have protection for 15 years, with the option to renew indefinitely
- To differentiate your company from others in the same industry
- To facilitate licensing (if required in the future)
How much does the registration cost ?
1. The government fees are as follows:
- a $250 fee for online submissions (non-refundable), due upon request of trade-mark.
- a $200 fee for the Trade-mark Certificate, if the request is approved.
2. The legal fees are as follows:
- A fee of $2,545 that covers the CIPO database name search, the trademark application, up to 1 hour of free legal consultation as well as the response to an examiner’s telephone or written request for clarification.
- As is standard in the industry, in case a trade-mark is challenged due to alleged name confusion or in case of opposition proceedings, additional work will be billed at an hourly rate.
3. There is no requirement for annual filing or legal fees thereafter.
How long is the trade-mark process?
The process takes approximately 18 months. The advantage is that once the application is submitted, you rank prior to other applicants and you can immediately start using the TM symbol next to your company name or logo. Once the trade-mark is registered, you can start using the ®, as evidence of registration.
What is the trade-mark process?
Once the CIPO receives the request for a trade-mark, it proceeds as follows :
1. Formalities: An examiner will review the trade-mark application to confirm that it is complete and follows the applicable trade-mark regulations. If not, the applicant will be informed and have a chance to complete the application.
2. Examination: An examiner performs a search of the CIPO trade-mark database to see if the trade-mark may being applied for causes confusion with an existing trade-mark. If so, the applicant will be advised and have a chance to respond.
3. Advertising: The CIPO then publishes the request in the Trade-mark Journal. This form of advertising is done weekly, lasts for about two months and is accessible to the public.
4. Opposition: Upon payment of the applicable fee, a person can oppose the trade-mark application. The Registrar will examine the request and allow the applicant to contest the opposition. The Registrar will then decide whether to reject the trade-mark application or to reject the opposition. All parties will be advised of the decision and its reasons.
5. Allowance: If all the steps above are satisfied, the trade-mark application will be approved upon payment of the $200 registration fee (as mentioned above). It will then be formally registered and added as such to the trade-mark database. A Certificate of Registration will be mailed to you within one month.