HOW CAN I REGISTER MY TRADEMARK IN CANADA?

Here is the usual procedure:

1. Preliminary search

   The first step is to conduct a availability search by consulting the Canadian trademark database accessible via the CIPO website, to ensure that the trademark you wish to register does not conflict with someone else’s trademark. The best strategy is to conduct this search before marketing your products and services to prevent potential lawsuits.

2. Filing application

   An application can be filed without having been previously used in Canada, allowing the company to begin protecting its trademark as soon as possible. Once the registration application is filed, the registration process is formally initiated.

3. Receipt of official filing confirmation

   CIPO assigns a date and application number to your application. It will now be examined.

4. Examination

   A CIPO examiner reviews your application to determine if your trademark is registrable and if the required formalities have been met. If not, you will need to amend your application or argue to overcome the objections raised by the examiner. If all goes well, your trademark will be approved and published in the Trademarks Journal.

5. Publication

   Your application is announced in the Trademarks Journal. If no opposition is filed against your trademark within two months of its announcement, it will then be allowed. However, if your application is opposed, it will be suspended until the opposition is resolved.

6. Opposition 

   You will receive a copy of the opposition statement. You will have one month from receipt to file a counter statement or request an extension to do so. Then, both parties will have the right to submit evidence to justify their positions. If the opposition is withdrawn, your application will then be allowed. Written arguments are then produced followed, if requested, by a hearing that may be held by telephone.

7. Allowance

   You must now pay the registration fee.

8. Registration

   You will receive the official registration certificate by mail. In Canada, the registration of a trademark is valid for a period of 10 years from the date of registration and can be renewed indefinitely for successive periods of 10 years.

Obviously, this whole process can be very long and its duration may vary depending on the obstacles you will have to overcome. You can help speed things up by using the services of one of our trademark agents.