5-Step Guide to Register Patent in Canada

A trademark is a word, a symbol, a design or any combination thereof used in association with wares (products) or services. It is a useful tool for distinguishing the wares or services of one entity from those of others in the marketplace. A trademark may come to represent not only wares and services, but also the reputation of the provider of such wares and services. As such, a trademark may constitute valuable intellectual property.

In Canada, registration of a trademark consists of having the trademark entered on the Trademarks Register of the Trademarks Office of the Canadian Intellectual Property Office of Industry Canada.

The entire process takes approximately ten to twelve (12) to eighteen (18) months, unless there are opposition proceedings, in which case the process can be much longer. For details you can contact your patent agents Canada.

Although you can do it on your own, sometimes, it’s really difficult to follow the process on your own, because of the lack of competence, time and resources. So, you have to rely on the ability of professionals. Wilson Patents Canada are authorized agent to help you through each of the following steps smoothly.

Canadian Trademark Application Process

Step 1: Application

In Canada, a trade-mark is registered by filing an application with the trade-marks Office together with a non-refundable fee of $250 for each trade-mark applied for. It is possible to file an application for registration of a trade-mark that is not yet in use somewhere in Canada.

Step 2: Initial Examination

Within the following four months, the trade-marks Office examiners then carry out a search of trade-mark records for potentially conflicting marks. Should there be no apparent conflict, the examiners then make an initial determination as to the registrability of the trade-mark, assessing such characteristics as whether the trade-mark is “clearly descriptive” or “deceptively mis-descriptive”. They will also decide whether the description of the wares or services complies with the regulations and is in normal commercial terms. The examiners advise the applicant of any adverse findings. Applicants may be required to submit revised applications. In order to avoid such adverse finings in your application, you can talk to patent agents in Canada, and discuss the basics of application.

Step 3: Approval

Once past the conflict search stage and initial determination of the ability to get registered and any revisions to the application the trade-marks Office will submit for Advertisement.

Step 3: Advertisement

The trade-mark information is published in the trade-marks Journal. Any interested party may then make representations to the trade-marks Office, such as filing an opposition against registration of the trade-mark owing to alleged confusion with an existing mark. Should this happen, opposition proceedings can, if successful, bring the application process to an end or otherwise delay the registration process for eighteen (18) months or more.

Step 4: Allowance

If the trade-marks Office receives no objection within approximately two (2) months of publication in the trade-marks Journal, the trade-marks Office issues a notice of allowance of the application for registration.

Step 5: Registration

To proceed to the final step of registration, a fee of two hundred dollars ($200.00) per trade-mark must be paid by the applicant within six (6) months of the date of the notice of allowance. Upon receipt of the registration fees, the trade-marks Office will issue a certificate of registration for each duly registered trade-mark.

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