How to apply for a mark in Canada
Filing plan:
1. Start with a Free TM Search. We will check if there are any obvious conflicts. You will know if it's worth moving forward with the mark.
2. Attorney's opinion (a.k.a. Study) In some cases we may recommend asking our attorney to review the case and prepare a detailed registration report. That's an optional non-obligatory service.
3. Request registration. The process is completely online and we'll request your mark within 3-5 days and you will get a filing confirmation.
Trademark Registration Process in a nutshell
Registration Requirements
- Name of the applicant
- Address of the applicant
- Description of products/services the applicant sells.
- Details of the trademark
Recommendations
- Be as precise in the description as possible. The Trademark Office of Canada generally does not accept vague descriptions and will issue an office action requesting a more detailed description (i.e. tableware most likely will not be accepted, you should list all the products you use your trademark on plates, mugs, bowls, etc.)
- Be sure to use your trademark exactly as it was registered. If you altered a single detail in your logo, the best idea will be to file it again. The use is crucial since only trademarks in use can maintain their protected status in Canada and the amended logo and the original logo will not be taken as the same.
The Canadian Intellectual Property Office (CIPO), a Special Operating Agency (SOA) associated with Innovation, Science and Economic Development Canada, is responsible for the administration and processing of the greater part of intellectual property in Canada.
Our professional trademark attorney in Canada will prepare and file your trademark for registration in the country.
Our Services
| A | B | C | D | |
|---|---|---|---|---|
|
1
|
1st class | Extra class | Official fee included | |
|
2
|
Registration Request | US$599 | US$99 | Yes, 336 CAD in the first class, 101 CAD per extra class |
|
3
|
Trademark Study (wordmark/logo) | US$119 | US$99 | N/A |
|
4
|
Trademark Study (combined) | US$189 | US$189 | N/A |
We offer the following services in Canada:
- Fast Trademark Search Online - our prices include the government fees and legal fees
- Trademark renewal
- Trademark opposition
- Defenses in case of oppositions or objections/office actions in Canada
- Trademark assignment
- Change of name/Change of Address
If you are interested in any of these services, please do not hesitate to contact us.
5 Step Procedure to Register
- A formal examination
- Examination
- Publication
- Allowance
- Registration
Our attorney will file your trademark within 5 business days.
Registration duration
10 years starting from the registration date. Note that in order to get your trademark registered, the trademark must be in use in Canada. Unlike the USA, you are not obliged to provide any specimens of use at the moment of acceptance of your trademark, however, you will have to make a statement that you are using your trademark in Canada on the products which are mentioned in the description.
The Trademark Office of Canada can request you to present the specimens of use in the future if there are any legal proceedings ongoing regarding your trademark (i.e. someone filed a cancellation of your trademark or you decided to oppose another trademark).
In case if you are unable to present the specimens, the trademark might be cancelled.
Note, that our fees for a registration request in Canada do not include final registration fees. The prices do not include any legal defenses in case of oppositions or objections.
Official Trademark Office in Canada
Address: Place du Portage I 50 Victoria Street, Room C-114, Gatineau, Québec K1A 0C9
Telephone: 1 819 934 0544