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Trademark Registration in Canada

Trademark registration in Canada involves the trademarking of a symbol, word, or even both to represent and distinguish your brand of products or services within the country. Most successful business owners all agree that trademarking your brand is one of the most critical aspects of business today. With that said, registering your trademark in Canada is very important. This is because, unlike an unregistered trademark, which is attained through common law after a certain period, a registered trademark gives you unlimited rights.
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Trademark Registration in Canada

A trademark refers to any symbol, word, or both that infers to products or services offered by an institution, company, or organization. It is primarily used to distinguish the effects of said business entities from those provided by others within the marketplace.

 

With time, a trademark can also evolve to represent the reputation of the provider. One should also not forget that the distinctiveness of a trademark can determine the strength or impact of a brand. As a result, the stronger the trademark, the easier it will be for a business to enforce its exclusive rights to its use.


Why you should register a trademark in Canada

Most successful business owners all agree that trademarking your brand is one of the most critical aspects of business today. With that said, registering your trademark in Canada is very important. This is because, unlike an unregistered trademark, which is attained through common law after a certain period, a registered trademark gives you unlimited rights. For instance, with an unregistered trademark, your rights to it will only apply in the geographical area it is being used. In addition, a business must also show proof of ownership to the relevant authorities, i.e., the courts.

 

On the other hand, a registered trademark will provide you with exclusive rights to it all across Canada for 15 years, after which you can renew your registration. With the latter, you will also have a legal mandate to initiate infringement proceedings in either federal or provincial courts in case of any disputes with other business entities.

 

Costs associated with trademark registration in Canada

Usually, the costs associated with the trademark registration process in Canada are $330 if you do so online and $430 if you submit your application via any other means. However, these prices can slightly be less or more depending on the situation and the area you are in. In addition, the costs mentioned do not include those of the trademark agent and only refer to the government and federal fees.

 

Trademark search

After filing your trademark application with the Canadian Intellectual Property Office or CIPO, their examiners will do a search in the following months for any conflicting marks. If none are to be found, the next step will be to establish if your trademark meets the registration requirements. Some of the aspects they will look at include if your trademark is descriptive or misleading in one way or another.

 

The examiners will also probe the description of the products and services associated with your trademark. In case of any issues, the CIPO office will instruct you to revise your application.

 

The process of registering a trademark

The process of registering a trademark in Canada boils down to the following:

  • The first step of trademark registration involves filing an      application with the CIPO and paying the relevant fees, as mentioned      earlier.

  • Once you file your trademark application, the CIPO will examine      your application to determine the legitimacy of your trademark and      establish whether or not it meets the requirements needed for      registration.

  • After the CIPO has determined there are no conflicting issues      with your trademark and no revisions are needed, they will then submit it      for advertisement.

  • Your trademark will then be published in the trademarks      journal, where any interested party may raise objections with the      trademark office. If no issues are found with its validity, the      registration process may proceed to the next phase.

  • If no objection is still raised within two months after the      trademark publication in the journal, the CIPO will issue a notice of      allowance of the trademark application for registration.

  • The final step will be the registration of the trademark. At      this juncture, you will have to pay the relevant fees for your trademark      within six months, starting from the date the notice of allowance was      issued. Once the office receives the payment, a certificate of      registration will be issued out to you.



FAQS

Q1. What is trademark registration in Canada?

Trademark registration in Canada involves the trademarking of a symbol, word, or even both to represent and distinguish your brand of products or services within the country.

 

Q2. What is the standard process of trademark registration in Canada?

The trademark registration process in Canada usually takes 12 to 18 months and is processed through the CIPO or Canadian Intellectual Property Office.

 

Q3. How much does it usually cost to register a trademark in Canada?

In most cases, the standard costs of registering a trademark in Canada are between $330 and $430, depending on the situation and the means through which you apply.

 

Q4. Can trademark registration be denied in Canada?

If your trademark does not adhere to the standards or requirements of the provincial and federal governments, the CIPO office may decline your application and ask you to revise it.


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