FAQ2019-03-09T07:05:49+00:00
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Canadian trademark registration process2019-03-09T07:11:05+00:00

 

Canadian-Trademark-Registration-process

 

 

 

Canadian Trademark Registration process is described in words as follows:

1. Trademark search
We will do a trademark search and provide report (within 1-2 days).

2. Trademark filing
Your application will be prepared and filed electronically on the Canadian Intellectual Property Office (within 1-2 days after final approval).

3. Trademark examination
Within 10-12 months after filing, your application will be reviewed by a Trademark Office examiner. It will either be approved or an office action will issue. An office action is letter asking additional questions or refusing a trademark based on confusion. Your mark is examined by the Trademark Office to ensure that it meets the requirements of the Canadian Trademarks Act.

4. Trademark Approval
Your trademark is approved for publication in the Trademarks Journal which is published weekly.

5. Trademark Publication
Your trademark is published for opposition purposes. Anyone may oppose, but must have good reasons, which are called “grounds for an opposition”. One of the most common grounds is confusion with a previously registered trademark. Opposition period in Canada is 2 months.

6. Trademark Allowance
If there are no challenges from 3rd parties during the opposition period, your trademark will be allowed for registration. Once the mark is allowed, final registration fee must be paid and/or Declaration of Use has to be filed. Your trademark will be allowed within 2-4 months after the end of the opposition period.

7. Trademark Registration
Your trademark will register and a Certificate of Registration will issue. The whole process takes 18-24 months.

8. Trademark Renewal
Your trademark must be renewed every 15 years.

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Are you licensed? How can I ensure I am working with a trademark professional?2019-03-09T07:43:18+00:00

Yes, we are fully licensed. A registered trademark agent will work on your file. Your application will be professionally prepared and filed by a Canadian trademark agent.

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Trademark process is very complicated. I am not sure what to do2019-03-09T10:22:15+00:00

Please feel free to contact us for a free consultation. We’ll explain the process and make it easy for you. Contact us here.

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Can I use my trademark without any registration?2019-03-09T07:41:20+00:00

Absolutely, you can use your trademark without registration. However, you have to be mindful of similar trademarks. If you are using a trademark that is similar to another trademark, you may be sued for trademark infringement.

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Can I file my trademark myself?2019-03-09T07:48:34+00:00

Yes, you can. There are no laws against you filing the trademark yourself. However, using a registered trademark agent will save you time and money (yes money). If you file incorrectly, your trademark may be refused and you will not get government fees back.

Also, using a trademark agent will increase your chances of achieving registration

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Will I receive trademark updates?2019-03-09T07:52:22+00:00

Yes, we will update you once we get news from the Trademarks Office.

We will also let you know if we receive any correspondence from 3rd parties.

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When will I know if my trademark is approved?2019-03-09T07:55:46+00:00

Trademarks are usually examined within 10-12 months from filing so we’ll have news from the Trademarks Office within this time. Either your trademark is going to be approved or we’ll receive a letter asking additional questions (office action).

In either case, we’ll promptly notify once it happens.

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How soon will you file my trademark?2019-03-09T07:58:54+00:00

Typically, it takes a week from the moment you contact us until your application is submitted. If you need rush service, please advise and we will do our best to accommodate your request.

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How soon will you prepare my trademark?2019-03-09T08:02:21+00:00

We prepare all trademarks within 2 business days. Once we have a draft application ready, we send it to you for your review and final approval. If changes are required, we can usually do them within one business day.

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How long will trademark registration process take?2019-03-09T08:05:00+00:00

It typically takes 18-24 months to register a trademark in Canada.

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