Have you reviewed all requirements for trademark registration?
A complete trademark application should contain:
- The name of the Applicant and the address of its place of business
- the trademark and, if it is design mark, an drawing or image of the design
- a specification of the products and services associated with the trademark
- at least one filing basis
- a statement verifying that the applicant is satisfied that it is entitled to use the trademark in Canada in association with the wares or services described in the application.
Additional information is required in certain applications
- Applicants that do not have a business or postal address in Canada, must provide the name and address for a Representative for service in Canada that will receive CIPO correspondence or legal documents on the applicant’s behalf. This is sometimes referred to as Section 30(g) requirements which refers to Section 30(g) of the Trademarks Act.
Are you the owner?
Anyone may apply to register a trademark but the name of the true owner (individual or company name) of the trademark should be listed as the Applicant otherwise the application might be invalid or the resulting registration could be vulnerable to cancellation.
Is your trademark already registered?
You can check to see whether your proposed application is already registered.
Are you aware of the different kinds of marks?
Trademarks, certification marks and distinguishing guises (other marks)
Have you considered registering your trademark in other countries?
A Canadian trademark registration will provide protection in Canada. National registration is available for countries and there are some multi-country trademark systems that provide protection in several countries with one registration.Check out the alternatives.
How much does it cost?
The Canadian Intellectual Property Office application fee is $250.00 if the application is filed online or $300.00 if the application is filed by fax or post. There is also a government registration fee of $200.00.
A registered trademark agent will charge professional fees for preparing and filing an application on your behalf. Further professional fees will be charged as the application advances through the application process for dealing with examiner’s objections and for monitoring and reporting on the status of the application through to issuance of the certificate of registration.
Professional fees vary from one trademark agent to another but are typically within the range of $950.00 to $1500.00 over the lifetime of a relatively trouble free application. In some cases complex circumstances or dealing with substantive Examiner’s objections will increase the cost.
Have a look at CIPO’s guide to trademarks and the processing of a trade mark application.
Have you received enough advice?
You can get advice about your proposed trademark application from us. Call or write with your questions.