1. What is a Trademark?

A trademark, commonly known as a brand name or brand logo, is a word, phrase, symbol, visual design, slogan, shape, colour, or a combination of them, used to identify the origin of the goods/services of one party and to distinguish them from those of the others.

 

2. What is the difference between a trademark and a business name?

Trademark is your brand name with the purpose of distinguishing your products/services from others and competitors. A business name is the company name under which you operate your business. They are for different purposes and protect different subject matters. Registration of your business name does not constitute registration and protection of your trademark(s), and therefore, trademark registration needs to be completed separately. A company has one business name but may have multiple trademarks for different product lines or services it offers.

 

3. What are the benefits of trademark registration?

• A registered trademark receives legal protection nationwide, regardless of where your business is registered or operates from;

• A registered trademark gives the owner the exclusive right to use the trademark in Canada in association with its products/services;

• A registered trademark enables the owner to take maximum legal action against cases of infringement;

• A registered trademark has a deterrent effect by way of public notice of your ownership 

• A registered trademark provides a strong position to the owner in commercializing their trademark through licensing and/or other means of commercialization.

• A registered trademark can be an asset on your company’s balance sheet and strengthens your brand's trustworthiness and reputation to its customers

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4. What is the difference between ® and ™ placed after a trademark?

Essentially, trademarks can either be registered or unregistered. ® indicates a fully registered trademark and is entitled to full legal protection. ™ normally indicates that the mark is not registered, and an unregistered mark is only entitled to limited protection compared to a registered trademark

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5. What is the governing body that approves trademark registration applications in Canada?

All Canadian trademark registration applications are processed and approved by The Canadian Intellectual Property Office (CIPO), which is a special operating agency of Innovation, Science and Economic Development Canada. For more information, please visit the CIPO official website.

 

6. What are the official/government fees for registering a trademark in Canada?

You can visit the CIPO official website for the most up-to-date official/government fee for filing and registering one trademark application in Canada. The fee is charged by class. A "class" is basically a category of goods/services predetermined by CIPO. When you hire a trademark agent to prosecute the trademark application for you, there will be professional service charges on top of the official fees. The agent will also be able to help you determine the number of classes applicable to your trademark based on the nature of your business.

 

7. What is the trademark registration process?

A typical trademark registration process is as the following:

1. Conduct a trademark search to assess the registerability and availability of the mark

2. If registerable and available, prepare a trademark application

3. File trademark application with CIPO

4. CIPO examines the application

5. If no significant refusal/objection by the CIPO examiner, CIPO approves the application

6. If approved, the trademark will be published in CIPO's Trademarks Journal, an electronic online publication, for two months for public review. If nobody opposes the mark, the application will be allowed for registration.

7. If allowed, CIPO issues a Certificate of Registration. The trademark is officially registered in Canada

 

This is a simplified description of the process. All cases are unique and different challenges may arise based on your business situation. Therefore, it is strongly recommended to consult with a qualified trademark professional before starting the application process, to get clarity on the process, assess the viability of your application, and anticipate potential issues.

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8. How long is a registered trademark valid in Canada?

The validity time of a registered trademark is 10 years in Canada, renewable every 10 years before the expiry date. A registered trademark can be lifelong as long as it is kept renewed and used.

 

9. Why do I need a registered trademark agent to help with my trademark registration?

Trademark registration can be a long and complex legal process, with pitfalls that are not obvious to untrained eyes. An experienced trademark professional is an expert in navigating this process as smoothly as possible, by identifying potential issues and risks right from the start and developing the most effective strategies to address them, proactively staying on top of key deadlines and informing you when key actions are due, thereby significantly reducing the amount of wasted time during the application process and increasing the success rate of your trademark application. They are also the best go-to resource in the event your application is subject to refusal, objection, or opposition.
 

When you are choosing a trademark professional to work with, opt for a registered Canadian trademark agent as they are fully trained, licensed, and insured to carry out these services while abiding by the College of Patent Agents and Trademark Agents Regulations. As a business owner, you are juggling many priorities every day, so let trademark protection be one that we can take off your plate. Schedule your FREE consultation with us today and we'd be happy to discuss your needs!