✅ How to avoid extra fees when filing in Canada
When filing in Canada with Bonamark only one type of extra fees might be possible. It is a price to respond to an objection if there is a similar trademark already or an unregistered trademark for a different reason. How to avoid? Ordering our Study virtually nullifies this risk.
Unlike other agents we manually pick only approved products and services for your application and this helps to avoid objections which are very common in Canada and cost up to 1000$ to respond.
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We recommend choosing a wordmark as your first mark. It gives the broadest scope of protecting your brand and wordmarks are rarely changed, unlike logos.
- A logo as a first mark is recommended if the mark you are trying to register is considered weak (descriptive, for example).
- A combined mark is a solid choice in many countries. But you must use your mark for a product or service as it was registered at least sometimes. Therefore, a wordmark is still preferred as it remains the best value for money.
How to apply for a trademark business name registration in Canada
Filing plan:
1. Start with a Free Comprehensive Trademark 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 business name registration report. That's an optional non-obligatory service.
3. Request trademark registration. The process is completely online and we'll request your mark within 3-5 days and you will get a filing confirmation.
🇨🇦 Detailed Trademark Fees in Canada: The Cost of Registered Trademark
| Trademark services in Canada | |
|---|---|
| Service type | Price, USD |
| Filing, extra class | 119 (Gov. fee included) |
| Assignment/Trademark Transfer | 250 |
| Responses to non-substantial objections | up to 200 |
| Responses to substantial objections | 200-800 |
| Change of Address | 120 |
| Renewal, 1st class | 649 |
| Renewal, extra class | 169 |
| Design Patent registration | 1299 |
| Design Patent registration (additional design) | 799 |
The prices are for reference only and can be changed without prior notice.
Trademark Registration Process in Canada in a nutshell
Registration Requirements
- Applicant’s name and address
- Address of the applicant
- Description of products/services the applicant sells.
- Details of the trademark
Our Advice to Comprehensive Trademark Search: Trademark Applicants in Canada
- 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 Trademarks Act does not allow for the registration of a trademark in the name of two individuals.This can, however, be addressed by indicating the name as a trademark of the brand identity that they operate under – for example “Business Name 1 and Business Name 2 doing business as [X]”.
Our professional trademark attorney in Canada will prepare and file your trademark for registration in the country to get an exclusive right to use it.
File Your Application: Our Services for Your Brand
| 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 Search of the Trademark Online - our prices include the government filing fee and legal fees
- Trademark renewal
- Trademark opposition
- Defenses in case of oppositions or objections/office actions in Canada
- Trademark assignment
- Change of Business company 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 Your Trademark in Canada
- A formal examination
- Examination
- Publication
- Allowance
- Registration
Our attorney will file your application for a trademark within 5 business days. And, your trademark is registrable without errors.
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.
The prices do not include any legal defenses in case of oppositions or objections to the exclusive rights.
Online Trademark Search in Canada CIPO
To use a register of trademarks in North American country, you can use the Canadian Intellectual Property Office's (CIPO) trademark database.
You can also search for trademarks in Canada using a private trademark search firm or an attorney who specializes in trademark law.
When searching for a trademark in Canadian region, it is important to conduct a thorough search to ensure that your proposed trademark does not infringe on any existing registered trademarks. This includes searching for confusingly similar trademarks that are currently in use or have been registered in the past.
You can search the database by entering keywords, phrases or the exact trademark that you are looking for. The database will show you all the trademarks that match your search criteria, including trademarks that are registered, pending registration or abandoned.
You can also narrow your search by choosing different filters such as the trademark class, status of the trademark, owner's name, and application/registration number.
📆 Trademark Renewal in Canada: Filing a Trademark Application
Canada trademark renewal period
A trademark validity period in Canada is 10 years from the date of registration (previously it was 15 years). The owner of the mark must timely renew the trademark or the mark will expire 6 months after the expiration date. The Trademark Office of Canada (CIPO) will notify the representative of the mark owner of the upcoming trademark renewal.
Strictly speaking, trademarks may be renewed 6 months before or after the renewal date
CA trademark renewal schedule
The price is 599$ for one class, 199$ for each additional class. The government fee is included in the price. Additional fees for amending the description in accordance with the Nice Classification.
Trademark renewal process
Please contact us using the following form in order to request a registered trademark renewal. The process is rather simple, our attorney will become your representative for service in Canada and will pay the renewal application fee.
How to apply
Documents required: no documents required in order to renew a Trademark in Canada. The only requirement is to pay the renewal fee.
How fast the process is
The process takes approximately 1 month, and a renewal certificate of registration is issued.
Possible issues during the renewal process
No issues are expected and can possibly occur. The process is straightforward.
What if the deadline is missed?
Grace period is 6 months, there is no additional fee for submitting a renewal in Canada within 6 months after an expiration date.
Official Trademark Office in Canada for Filing a Trademark Application
Address: Place du Portage I 50 Victoria Street, Room C-114, Gatineau, Québec K1A 0C9
Telephone: 1 819 934 0544
FAQ Trademark Registration in Canada: How to File an Application
Are American (US) trademarks protected in Canada?
American or more specifically US trademarks are not automatically protected in Canada. Across Canada, trademark protection is obtained through the overall registration process with the Canadian Intellectual Property Office (CIPO).
A trademark owner who wants to protect their brand must file for trademark registration application with CIPO, and go through the process when an application is examined, then publication and registration process, similar to the process in OAPI.
Can a US based company register a trademark in Canada? The Help of a Registered Trademark Agent
Yes, it can. It must appoint a Canadian trademark agent or attorney who will represent them throughout the process. This person will start the application process and communicate with CIPO on the company's behalf. If the brand has a real office for services across Canada, it can file the mark without hiring an attorney.
How to trademark a logo in Canada?
To register a logo in Canada you must follow the same steps as for registering a word-only mark.
- Conduct a trademark search. Usually, searching a logo is more expensive if you are hiring a trademark professional like Bonamark.com
- Choose the classes: Identify the classes of goods and services that your logo will be used in.
- Prepare an acceptable and clearly descriptive information of goods and service.
- File the logo as a trademark
How long does it take to register a trademark in Canada?
The Canadian Intellectual Property Office typically takes about 12 to 18 months to process a standard trademark application from the time it is filed. However, it can take longer if there are issues with the application or if it is opposed by third parties.
How much does a trademark cost in Canada?
US$579 in one class with Bonamark.com (336 CAD as a government fee is included), US$99 per extra class (101 CAD as a government fee is included).
Should you use a trademark agent in Canada?
Using a law firm agent’s services in Canada can be beneficial in several ways. Here are a few reasons why:
- Knowledge and expertise: agents are experts in trademark law and the Canadian trademark registration entire process, so they can help you navigate the complex legal requirements and ensure that your application is complete and compliant.
- Increased chances of success: trademark agents have a good understanding of what types of trademarks are likely to be approved and can help you choose a strong and distinct trademark that is more likely to be registered.
- Time-saving: they can handle the entire registration process for you, saving you time and allowing you to focus on other aspects of your business in Canada.
- Cost-effective: Using a trademark agent can save you money in the long run by avoiding costly mistakes and reducing the chances of your application being rejected.
It is worth noting that the use of the registered trademark agent services is not mandatory (if you are in Canada) but recommended in order to ensure that you are meeting the legal requirements and to increase your chances of success.
How to trademark an image in Canada?
In Canada, you can trademark an image by registering a business image as a trademark with the Canadian Intellectual Property Office (CIPO). Here are the general steps to trademark an image in Canada:
- Conduct a trademark search: Before you apply to register your trademark image, it is important to conduct a search to ensure that your image is not already in use or registered by someone else.
- Prepare the application: To apply for a brand trademark, you will need to provide certain information, including the name and address of the applicant, the image to be registered, and the goods and services associated with the image.
- File the application: Once complete, you can file an application with the CIPO examiner.
- Examination: Once your application is filed, it will be examined by a trademark examiner. During this process, the examiner will review your application to ensure that it meets all the legal requirements for registration.
- Publication: If your application to license your trademark is approved, your image will be published in the Canadian Trade-marks Journal, giving any interested party or a competitor the opportunity to object to the registration within two months from the date of publication.
- Registration: If no objections, including trademark infringement are raised, or if any objections are overcome, your image will be registered as a trademark.
It is important to note that not all images are registrable as trademarks, the image should be distinctive and not descriptive or generic of the goods or services associated.