New trademark applications

Once filed, the application will be processed over the course of approximately 12 months.   Processing can take longer if the application is not complete, if clarification of the products or services is required or if the trademark Examiner makes objections to registration.  An opposition to registration by a competitor or prior rights holder will also delay the advancement of an application.

Some things to consider about filing a trademark application and what happens after it is filed:

  • Before filing
    • Know the application filing requirements

      A basic visual description of the application process (click to enlarge)

    • Know who should apply
    • Know what can be registered
    • Is the trademark already registered?
    • Know how much it costs
    • What about other countries?
  • Filing the application
    • Getting help
    • Do it yourself
  • After the application is filed
    • Examiner’s reports (Office Actions)
    • Fixing formal requirements
    • Overcoming substantive objections to registration
    • Approval – the Examiner accepts the application
  • What happens after the application is approved
    • Advertisement/Publication in the Trademarks Journal
    • The Opposition period
    • Allowance
    • Declaration of use
    • Registration
  • Post registration and maintenance of rights
    • Ongoing use of the trademark
    • Policing and Enforcing your rights
    • When other people use your trademark
    • Section 45 Expungement proceedings
    • Buying and selling trademarks