Guide to Filing a Trademark Application in Canada | Canada Trademark Filing Process
Trademark Application Guide Canada
Brand protection is crucial for any business. A way to achieve brand protection in Canada is to obtain a trademark registration. Preparing a trademark application is a prerequisite to trademark registration. This guide will outline the process of filing a trademark application in Canada.
Understanding Trademarks
Before we delve into the trademark application process, it is important to understand what a trademark is. Generally, a trademark is a sign or combination of signs that is used or proposed to be used to distinguish your goods or services from those of others. Refer to What is a Trademark for further information about what a trademark is in Canada.
Why Register a Trademark in Canada?
Registering a trademark in Canada offers a number of advantages. It provides the registered owner the exclusive right to the use the trademark throughout Canada, is renewable, and enhances brand reputation. See our article regarding the benefits of registering a trademark in Canada for a more detailed discussion about trademark registration in Canada.
Trademark Application Process
Filing a trademark application in Canada involves several steps.
Step 1
Trademark Search
Before filing your trademark application, it is prudent to have a trademark search completed and interpreted by a trademark professional.
Step 2
Prepare Your TM Application
Gather all necessary information about your trademark and ensure it meets all applicable application requirements under the law.
Step 3
File Your TM Application
Review your trademark application to ensure accuracy and submit your trademark application to the Canadian Intellectual Property Office (CIPO) in accordance with an acceptable filing method, along with the required fees.
Step 4
Examination By CIPO
Your submitted trademark application will be examined by CIPO to ensure compliance with the law. Contact us to assist with responding to an examiner's report.
Step 5
Wait
The trademark processing times differ depending on how the application is prepared and filed. Contact us to assist with drafting and filing your application, and to help try to accelerate examination.
Contact SLC Law to speak to a trademark lawyer and trademark agent
Speak to a trademark lawyer and trademark agent
Disclaimer: All materials contained on this website should not be construed or relied upon as legal advice. The content of the SLC Law website is provided to you for informational purposes only and should not be construed as legal or other advice on any subject matter. Contact a lawyer or other professional for advice regarding your particular circumstances.
About the author
SLC Law
SLC Law is a business law, intellectual property law, and corporate law firm in Mississauga.