Trademark Application Process
Step 1: Search
While trademark searches are optional, they provide valuable insight into whether there may be obstacles to registering your trademark.
Given the delay between filing and examination of trademark applications in Canada, identifying potential issues early is important so you can make informed decisions before investing significant time and resources into building your brand.
Step 2: Application
Once your application is filed with the Canadian Intellectual Property Office, it is reviewed by a trademark examiner to determine whether your trademark is eligible for registration.
After filing your Canadian application, you may also consider filing your trademark in other countries. If you file a foreign application within 6 months of your Canadian filing date, your application can claim priority over foreign applications for the same/similar marks filed in those countries.
Step 3: Advertisement
Once the trademark examiner confirms that your application meets all requirements, and all objections have been addressed, your trademark is approved for advertisement and published in the Trademarks Journal for two months.
If a third party takes issue with your trademark, they may oppose your trademark application during this two month period.
Step 4: Allowance & Registration
If no one opposes your trademark application, or if opposition proceedings are resolved in your favour, your trademark will be registered and the Canadian Intellectual Property Office will issue a Certificate of Registration.
Once registered, your trademark is valid for 10 years. After that period, you will need to pay a renewal fee to maintain the registration..
