Category: Trademark

Trademark Confusion Made Simple: The 13 DuPont Factors Explained

Posted on by trademarkangel

If you’re planning to register a trademark in the U.S., there’s one thing that trips people up more than anything else — confusion.

Every year, thousands of applications get refused because the USPTO decides they’re too close to existing marks. It’s frustrating, especially if you thought your name was unique. But the good news is, there’s a clear method behind how they make that call.

Trademark examiners rely on what’s known as the 13 DuPont factors — a legal checklist from a 1973 case (In re E.I. du Pont de Nemours & Co.). Those same factors are still used today, and understanding them can save you time, money, and plenty of headaches.

Let’s walk through what each one means — in plain English.

1. How Similar Are the Marks?

This is where most refusals start. The examiner looks at how two marks look, sound, and feel. It’s not just about spelling — it’s the overall impression.

Example:
“Koka-Kola” or “Ckoqa Ckola” for drinks wouldn’t fly. Even though it’s spelled differently, it looks, sounds, and feels like “Coca-Cola.”

If customers would hear or see the two and assume they’re related, that’s confusion.

2. Are the Goods or Services Related?

You might think a name is fine if your business is totally different. But if the products are even loosely connected, confusion can still happen.

Example:
“Sunrise Coffee” and “Sunrise Tea” — both beverages, both sold to the same kind of shopper. That’s close enough for the USPTO to hit pause.

Even if your goods aren’t identical, related industries can overlap in the consumer’s mind.

3. Where and How Are They Sold?

This one’s about trade channels — basically, where customers run into your product.

Example:
If “LUSHY” makeup and “LUSHIE” skincare both show up on Amazon or in Sephora, that’s a problem. The same audience, the same shelves, so confusion risk goes up fast.

Another example:
If “PetCozy” dog beds and “PetCozie” leashes are both sold on Chewy and Amazon, buyers scrolling fast through listings may not even notice the spelling difference. The identical sales platforms make confusion almost inevitable.

4. How Carefully Do People Buy It?

Impulse buys = more confusion. Expensive, technical purchases = less.

Example:
A person grabbing a $3 lip balm probably won’t notice small brand differences. But a surgeon ordering $2,000 tools will double-check everything.

Another example:
A customer scrolling fast on Instagram might mix up “Lush Wear” and “Luxe Wear” when buying a $25 T-shirt. But if they’re dropping $1,500 on a designer bag, they’ll research, compare, and notice every small detail — including the brand name.

The USPTO looks at your audience’s buying habits — not yours.

5. How Famous Is the Existing Brand?

Fame changes the game. The more famous a brand is, the wider its protection stretches.

Example:
You can’t sell “Nyké” shoes and hope nobody notices. Even if you use an accent mark, Nike’s fame makes confusion almost automatic.

Big brands have earned that recognition — and they get a bigger legal bubble because of it.

6. How Many Similar Marks Are Already Out There?

If an industry is packed with similar names, consumers learn to spot small differences — and that can actually help you.

Example:
There are dozens of “Eagle” clothing brands. In that kind of market, “Eagle Fit” might pass because shoppers already expect slight variations.

7. Has Anyone Actually Been Confused?

Real-world confusion is the best evidence there is.

Example:
If customers are emailing “Blue Sky Coffee” when they meant to contact “Blu Skye Café,” that’s not hypothetical. It’s happening. And that’s powerful evidence for the USPTO.

8. Have the Marks Coexisted Without Issues?

Sometimes two businesses use similar names for years without a single mix-up — that matters.

Example:
“Summit Shoes” and “Summit Energy Bars” might both exist peacefully because they’re in totally different spaces. That peaceful coexistence can help a new application.

9. How Many Things Does the Existing Brand Cover?

If a brand uses its name across a ton of different goods or services, confusion is more likely when new ones appear.

Example:
Apple isn’t just computers anymore — it’s phones, music, and TV. So if someone tried to register “Apple Fitness,” consumers might easily assume it’s part of Apple Inc.

10. Do the Companies Have Any Connection or History?

This one’s about relationships — business partnerships, joint ventures, anything like that.

Example:
If two companies once worked together under “BrightHome,” and one later tries to register “BrightHome Plus,” that shared past could make confusion more likely.

11. Does the Applicant Already Own Similar Marks?

If you already have a family of marks, the USPTO may see that as a sign of brand consistency — not confusion.

Example:
Say you own “EcoPure” for cleaning products. Adding “EcoPure Home” could make sense since it builds on your existing mark.

12. How Bad Would Confusion Be?

Sometimes the stakes are high. If confusion could cause real harm, the USPTO will be extra cautious.

Example:
Two drug names like “Cardiox” and “Cardioxin” could be a serious safety issue. Even a small mix-up isn’t acceptable in that case.

Another example:

If a consumer mistakes “SecureBank” for “SureBank” and sends money to the wrong company, the financial loss could be serious. When money or personal data is involved, even tiny differences between trademarks can cause major problems.

13. Anything Else That Feels Relevant

This is the “catch-all” factor — a safety net for extra context.

Example:
If people on social media already think two brands are connected, that’s valid evidence. The USPTO wants the real-world view, not just what’s on paper.

How the USPTO Balances It All

Here’s the thing: not every case touches all 13 factors. Some matter more than others — especially similarity, related goods, and trade channels.

The USPTO doesn’t use a scorecard. They look at the big picture — how an ordinary shopper, not a trademark lawyer, would see your brand.

You don’t have to “win” every factor, just enough to show that confusion is unlikely.

How to Avoid Trademark Confusion (Before You File)

Let’s be honest — most refusals are avoidable with a little prep work. Here’s what helps:

  • Run a real search, not just a quick Google check.
  • Compare sound and look. Say your name out loud next to others — do they blend?
  • Think about your audience. Where do they shop, and how do they buy?
  • Get help early. A trademark professioinal can spot red flags before the USPTO ever sees them.

At Trademark Angel, this is our bread and butter. We run deep searches, explain your risks clearly, and make sure your mark has the best chance of approval.

Key Takeaway

The 13 DuPont factors are the USPTO’s roadmap for deciding whether two marks are confusingly similar.

If you understand how they think, you can pick a trademark that’s both creative and legally solid.

Not sure if your mark might run into trouble? Book a free consultation at https://trademarkangel.com/contact — we’ll tell you where you stand before you file.

FAQs: Clearing Up Common Confusion

1. What is trademark confusion?
It’s when customers think two brands are related because their trademarks look or sound alike. The USPTO tries to prevent that before it happens.

2. What are the DuPont factors?
They’re 13 criteria examiners use to figure out if two trademarks are too close — covering similarity, fame, trade channels, and more.

3. Why does the USPTO reject marks for confusion?
To protect consumers and existing brand owners. Nobody wants to buy the wrong product because two names looked the same.

4. How can I avoid it?
Start with a comprehensive search. Check for similar names, sounds, or visuals in your industry. And if you’re unsure, get a professional review — it’s cheaper than a refusal.

5. What if my mark gets refused?
You can fight it. Often you’ll need to show that your goods are unrelated or that customers wouldn’t mix you up with the other brand. A solid legal response can turn things around.

6. How can Trademark Angel help?
We specialize in avoiding and resolving confusion refusals. From deep pre-filing searches to sound filing strategy, our team helps your brand stand out — and stay protected.

Final Thought:
Trademark confusion isn’t something to fear; it’s something to understand. Once you know how the USPTO thinks, you can play smarter — and Trademark Angel can make sure your application clears every hurdle.

Trademark filing made simple for your business.

Posted on by trademarkangel

Filing to have your brand trademarked is one of the most important steps you can take to protect your brand. We simplify and make this procedure friendly at Trademark Angel so that you can be sure of what to expect. Regardless of whether you are launching a new business or expanding an existing one, registering your mark ensures that your name or logo is protected and legally registered.

Why filing a trademark name matters

Your brand name is not just a name. It is how the customers recall you. When you submit a trademark name, you establish a legal defense against other people using something too similar to yours. Unless this protection is placed, you will be susceptible to confusion within the market or even a legal battle that, in the long run, may cost more than the filing process itself. The most important reasons why one would want to file a trademark name include:

  • Your brand identity is legally owned.
  • Confidence when expanding across states or globally
  • Stronger protection against infringement
  • Peace of mind knowing your brand is secured

What is required for trademark filing

There are several vital pieces of information that you will require when you start filling in the trademark. These would include your ownership details, the nature of the mark that needs to be protected, and an example of how it is used in practice. Mark can be words, or logos, or even sound. When you provide such information, your application is then presented to the trademark office for consideration. The following is typically part of it:

  • The name of the owner or business.
  • The trademark that you desire to be registered.
  • A drawing or image of the mark
  • A specimen showing real-world use
  • A clear description of your goods or services

The filing process step by step

Filing a trademark name involves a structured path:

  • Trademark search – check availability before filing
  • Application preparation – organize your details and specimen
  • Submission and fees – submit your application online with payment
  • Review process – an examiner checks for conflicts or issues
  • Publication – your mark is listed for public review
  • Registration – if no opposition is raised, your mark is officially registered

FAQs about trademark filing

Q1. What is the duration of the process?
It can take several months or up to a year to meet the number of reviews or objections.

Q2. Is it possible to apply to be trademarked with a name before operating the name in business?
Yes, you may file under intent to use if you plan to use it in the immediate future.

Q3.  What will be the case of refusal in my application?
You will receive a formal notification stating the reason, and you can either reply or update your application.

Final thoughts

Your brand is worthy of protection, and a trademark is the best way to achieve it. At Trademark Angel, our goal is to ensure that the process is transparent and effective, allowing you to proceed with confidence. When you submit your trademark name, you are investing in the long-term security of your business.

How Long Does It Take to Get a Trademark?

Posted on by trademarkangel

When it comes to registering your brand, the question that comes to mind first is: how long does it take to obtain a trademark? The reality is that the process is not immediate; however, being aware of the steps and the time plan can help instruct you in creating a plan. We constantly inform clients at Trademark Angel that when it comes to registering and securing rights, patience is always rewarded.

Timing is of the Essence of Trademark Registration

By the time you submit the trademark registration application, you have established the foundation to safeguard your business identity. The clock begins to run as soon as you apply, but the process can take months and even years, depending on where you are and if any objections arise along the way.

The average duration in the US is 12-14 months, but it may be longer depending on your case. This is why it is better to see the steps before you take the leap.

What Happens After You Apply

The following is usually what happens when you submit a brand name registration application:

  • Application Review – The trademark office reviews your application to verify its accuracy.
  • Examination – An examiner conducts a trademark search to determine if there are any conflicts with existing trademarks.
  • Publication – Your trademark is published for opposition purposes.
  • Allowance – if the application was filed on an intent to use basis, you will have to submit Statement of use and show evidence of use of your mark in the US before your trademark registers.
  • Registration – If the application was filed on the actual use basis in the US, then it goes straight to registration if there are no oppositions.

Once statement of use is accepted your trademark is registered.

All stages may increase the time interval by weeks or months; that is why there are no two timelines.

Can You Register a Trademark Online Faster?

The question many people will ask is whether it is quicker when it is filed online. When a trademark is registered online, the registration process is usually expedited because the documentation is completed electronically. However, the whole review and approval process is still time-consuming.

The process of online filing is more convenient and, in most instances, more straightforward; similarly, the examination and approval process is also straightforward. Although online filing is more convenient and often easier, the inspection and approval cycles remain unchanged.

What to Do to Keep on Track while Waiting

During the waiting time, you can increase the chances that your application will not experience unnecessary delays by:

  • Double-check your application for errors before filing.
  • Do a comprehensive trademark search before filing to avoid conflicts.
  • Act promptly if the trademark office requires clarification.

Being proactive will help you prevent unnecessary back-and-forth that may lengthen the process.

FAQs About Trademark Timelines

Q. 1 How long does the US take to grant a trademark?

Typically, it takes between 12-14 months, although it may be longer or shorter, depending on your specific circumstances.

Q. 2 Is brand name registration a protection in itself?
When your trademark is officially registered, your rights commence. However, filing a trademark applications provides you with a pending status that could be beneficial in a dispute.

Q. 3 Is brand registration and copyright the same thing?
No: names, logos, and slogans are registered as a trademark, while creative works like books, songs, and designs are registered as copyright.

Obtaining a trademark is a lengthy process, but it is worthwhile to secure your brand’s future. With proper preparation and suggestions by Trademark Angel, you can navigate the process smoothly and confidently.

Explained The Risks of Not Registering a Trademark

Posted on by trademarkangel

When you build a business, your brand name is more than just words—it’s your identity. Yet many business owners delay protecting it. At TRADEMARK ANGEL, we’ve seen how failing to register a trademark can create real problems for companies of all sizes. Let’s break down what can happen if you skip this step and why choosing the right trademark registration service matters.

Losing Your Brand Identity

If you don’t protect your name or logo, someone else can claim it. Without a proper trademark registration service, another company may claim rights to your brand. That could leave you:

  • Forced to rebrand after years of hard work
  • Losing customer trust and recognition
  • Spending more money on legal battles than on growth

Costly Legal Disputes

Trademark disputes are not only stressful but also expensive. Skipping registration saves money in the short run, but in the long run, it actually costs more.

Missed Growth Opportunities

Partnerships, franchising, and expansion often require proof of a registered trademark. Without one, your opportunities can shrink quickly. Choosing the best online trademark service gives you a clear advantage, helping your business look professional and trustworthy.

Why Choosing the Right Service Matters

Not all trademark registration agencies are the same. You need reliability, guidance, and affordability rolled into one. The best trademark service should help you avoid mistakes and save time. Another benefit of the best online trademark service is flat fees and predictability of your budget.

Easy Ways to Secure Your Brand.

This is the easiest way to secure your brand:

  • Look for a trusted trademark registration service with good reviews. Compare prices and consider low-cost options when money is tight.
  • Talk to a few agencies to see which one you like more; get initial trademark quotes and ask for a free trademark search.
  • File your trademark with your chosen agency as quickly as you can and monitor status of your trademark online.

We understand that your brand is your story —and that you shouldn’t leave your protection to chance.

Frequently Asked Questions

  • Do I actually need to register when I am a small business?

Yes. Even small businesses benefit because registration protects you from bigger competitors using your name.

  • Is trademark registration expensive?

Not always. Many firms, including ours, offer low cost trademark registration that still provides solid protection.

  • Can I file online?

Absolutely. The most efficient online trademark service simplifies the process, making it fast and convenient.

Conclusion

Failure to trademark your business may result in both legal costs and a loss of identity. The better news is that you do not need to take those risks with TRADEMARK ANGEL. You protect the future of your brand and retain the ownership of the name you spent so much effort to establish by selecting the best trademark registration service and filing on time.

Understanding Trademark Registration Cost and How It Affects Your Brand

Posted on by trademarkangel

Registering your trademark is crucial for protecting your brand. At Trademark Angel, we help you gain a clear understanding of what is involved in registering a trademark, enabling you to make informed decisions without surprises. Being aware of the costs and processes is time-saving, cost-effective, and stress-reducing, and you will have a secure brand.

What Influences the Cost of Trademark Registration?

A trademark registration cost is dependent on some major factors:

  • Country of registration: Various countries have various filing fees and requirements.
  • Trademark type: The words, logos, and combined marks may have different costs.
  • Professional services: Hiring professionals to prepare your filing and advise can add a little to your expenses, but it saves on mistakes and time wastage.

These limits will help you make your trademark registration cost a reality.

How to Estimate Your Trademark Registration Price

You may ask, how much it really will cost. These are a few tips to help you get it:

  • The initial payment required to register your trademark is the basic government filing fees.
  • Legal or professional fees can be a separate charge, but they may often involve a trademark search, which helps prevent future problems.
  • When registering in more than one country, obtain the cost for each jurisdiction.

An accurate estimate of the trademark registration cost enables you to budget effectively and avoid unpleasant surprises.

Why A Trademark Search Matters

A preliminary trademark search is included with our services. This step is crucial because it reduces the risk of conflicts with other brands. It may seem like a small detail, but a proper search can save thousands in the long run and ensure your trademark registration price is well spent.

  • Checks office databases and unregistered marks in use
  • Reviews online marketplaces and business directories
  • Gives a professional opinion on registrability

By knowing this process, you are assured that you have invested safely in a trademark.

Tips to Control Trademark Registration Fee.

The following are some of the practical tips to control your expenses:

  • Register on time rather than at the last minute.
  • Be product or service-specific in your application.
  • First, consider filing in the countries where your brand is most established.

These tips help ensure that you pay a fair trademark registration fee, making it a worthwhile investment.

Frequently Asked Questions

Q1. Is the trademark registration cost the same in every country

No, each country has its own filing fees and processes. The cost varies depending on where you choose to register.

Q2. Do I need to pay extra for a trademark search

A basic search is often included in services, but a detailed search may come at an additional cost. This is money well spent since it helps avoid conflicts.

Conclusion

Brand equity is not so much about a name or a logo as it is about creating a recognisable identity. It is the issue of safeguarding your identity and future development. At TRADEMARK ANGEL, we keep it simple: we explain the cost of registering your trademark and guide you through the entire process. It is better to take care of your brand today to ensure it remains strong in the future.

 

How to Check If a Name Is Already Trademarked – Free Tools & Tips

Posted on by trademarkangel

Choosing a name for your business is an exciting process, but it’s essential to ensure that it is not already in use. The safest route is to check whether it is already trademarked. The first step is to run a free trademark search, and with some additional checks, it will be possible to avoid the problems in the future. You can do it straightforwardly and practically here.

Start with a Free Trademark Search

The fastest starting point is the USPTO database, also known as TESS. It allows you to determine whether another person has already registered the name. A free trademark search can show:

  • Exact matches of your chosen name
  • Similar names that could still be a problem
  • The trademark category or class of goods and services

You may find the same name, but that might not be a problem if the trademark is filed in an entirely different class.

The importance of a Trademark Search

A trademark search will make you aware that a name is safe to use. It will tell you who a trademark owner is, what is covered, and whether it is still in use. Failure to take this step may cause:

  • Cease-and-desist letters
  • Costly rebranding
  • Lost investments in packaging, websites, and marketing

Think of it as protecting your time, money, and reputation.

Go Beyond a Trademark Registration Search

Conducting a trademark registration search on the USPTO site is essential, but it’s not the only step. Check other places where conflicts may arise, such as:

  • Domain names
  • Social media handles
  • State-level databases
  • Thorough Internet searching (type your chosen trademark name and scroll through the first 5-10 pages of the results)

This broader search provides a more comprehensive view of the availability of your name.
Tips to Make Your Search Smarter
When running your trademark lookup, don’t limit yourself to exact spelling; consider variations as well. Try variations and sound-alike names. For example:

● “Quick Cuts” vs. “Quick Kuts”
● “Lite Bite” vs. “Light Bite”

Also, review logos or stylized marks. Even if words differ slightly, confusing similarities can still cause trouble.

Can You Do It Yourself

Can You Do It Yourself? Yes, you can do the initial searches yourself. It’s part of the due diligence process. However, interpreting results may be challenging. That is where services like TRADMARK ANGEL come in. We conduct a comprehensive trademark search and provide you with an opinion along with the detailed search results on whether your trademark is likely to register. With professional input, the process will be easier and less risky.

FAQs About Trademarks

1. Is it sufficient to carry out a free trademark search?
It’s a good start and you can do it yourself, but it’s not sufficient to get a complete picture.

2. Is it possible to trademark a name that is already filed or registered?
Not if it’s in your category. However, if industries do not overlap it may be possible to trademark a similar name.

3. Are lawyers required during a trademark search?
Professional assistance is not necessary, but expensive errors can be avoided with expert help.

Conclusion

Checking if a name is already trademarked is an essential step for any new business. A thorough trademark search helps protect your brand and prevent conflicts. Whether you start with free tools or receive support from TRADEMARK ANGEL, taking this step now will protect your business for the long run.

Secure Your Brand Identity Through UK Trademark Registration

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If you’re planning to do business in the United Kingdom, protecting your brand is a smart first step. A registered trademark helps secure your business name, logo, slogan, or product identity so that no one else can use something similar. At Trademark Angel, we help you register your trademark in the UK quickly and without confusion.

A UK trademark is a legal right that gives you ownership over the mark you’ve registered. This could be a word, symbol, image, or combination that sets your goods or services apart from others. Once your trademark is registered, you can stop others from using something similar in the UK.

Why Register a Trademark in the UK?

By registering your trademark in the UK, you are ensuring that no other UK company can apply the same brand to your industry or a similar one that is confusing to customers. It increases customer confidence and makes your brand develop securely. You can use the © mark only after your registration. The world knows that your brand is secured through that symbol.
The duration of a UK trademark license is 10 years, with the possibility of renewing the license after every 10 years. It is a long-term method to safeguard the identity of your business.

What You Can Register

You can register a trademark in the UK for names, phrases, logos, colour patterns, sounds, or a mix of these. It should be unique and not too general or descriptive. For example, you can’t register the word “milk” for a dairy product. Your mark also can’t include national flags, offensive content, or existing trademarks.

United Kingdom Trademark Application: How It Works

The trademark application UK process begins with choosing a strong and clear mark. We help you check if a similar trademark already exists through our free trademark search. After that, we help you select the right class or classes based on the goods or services you want to cover. There are 45 trademark classes in total — 34 for products and 11 for services.

You apply to the UK Intellectual Property Office (IPO). The IPO reviews your application and publishes it online. If no one objects within two months, your trademark will be registered. If someone does raise a concern, you’ll have the chance to respond or fix the issue.

How We Can Help

At Trademark Angel, our team works with you at every step to make sure your application is filed correctly. Whether you’re just starting out or already running a business, we help you register a trademark in the UK in the right way. We can also assist with renewals, objections, and handling trademark disputes.

You don’t need to figure it out alone. We take care of the paperwork and filing so you can focus on running your business.

Get Started Today

Don’t wait for someone else to take your brand name. If you’re ready to register your trademark in the UK, let us help you protect what you’ve built. Contact us today and speak with our team about starting your trademark UK application.

Trademark Registration in China: A Step-by-Step Guide to Protecting Your Brand

Posted on by trademarkangel

When it comes to doing business in China, trademark registration is among the most significant things that you can do. China has the first-to-file method, meaning that the first person to have registered a trademark legally owns it even though it does not belong to their brand. This is the reason why it is essential to intervene early.

At Trademark Angel, we help businesses protect their identity with proper trademark registration in China. Whether you are a newcomer to the market or you already work in this market, this process will enable you to make your brand safe and prevent any legal complications in the future.

Why Trademark Registration Matters

When you register a trademark in China, you protect your brand name, logo, and identity. It stops others from copying or misusing your name. You also get the legal right to take action against counterfeiters or companies using a similar name. Without registration, your brand is at risk.

Trademarking in China also allows you to sell on major e-commerce platforms like Tmall, JD.com, and Douyin. These sites usually ask for proof of brand registration in China before letting you open a store. If you’re planning to license or franchise your business, having a trademark is often required.

What You Need to Get Started

To apply, you’ll need to decide which trademark classes fit your business. China has 45 trademark classes, each covering different goods or services. Picking the right class is key. For example, a skincare company would likely choose Class 3 (cosmetics and cleaning products).

Here’s what you’ll need to prepare:

  • A clear image or text of your trademark
  • Business license (for local companies)
  • Passport or registration proof (for foreign companies)
  • A power of attorney if you’re using an agent

Foreign companies must use a local agent for filing. We act as your trusted local partner, making sure your application follows Chinese rules.

The Process of Trademark Registration

The process starts by submitting your application to the China National Intellectual Property Administration (CNIPA). After that, there are a few steps:

  1. Examination – CNIPA checks if your trademark is legal and doesn’t conflict with others.
  2. Publication – If approved, it is published for 3 months for public objections.
  3. Registration – If no one objects (or if any objections are dismissed), your trademark gets registered.

The whole process usually takes between 6 and 12 months.

We always recommend doing a China trademark register search before applying. This search helps spot any similar or existing marks that might block your application. We handle this search for you as part of our service.

Avoiding Bad Faith Trademark Issues

Many foreign companies face problems with China trademark registration because someone else files for their name first, often with bad intentions. This is called trademark squatting. It can lead to legal fights, high costs, and delays.

To avoid this, apply early, check the database regularly, and monitor new filings. We help you do all of this with full support from our trademark team.

Ready to Protect Your Brand?

We’ve helped many international companies succeed with trademark and business registration in China. If you’re serious about protecting your brand, now is the time to act.

Reach out to our team today and let’s get started with your trademark application in China.

Removing a Trademark That’s Blocking Yours: How Trademark Cancellation Works in Canada

Posted on by trademarkangel

If your trademark application is being blocked by a registered trademark in Canada, there may be a solution—especially if that trademark is not being used. Canada has a legal process called a Section 45 cancellation proceeding that allows you to challenge a registered trademark if it hasn’t been used within the last three years.

This process can help clear unused marks from the Canadian register and remove obstacles to your own trademark registration.

What Is a Section 45 Cancellation?

Under Canadian law, once a trademark has been registered for at least three years, anyone can ask the Canadian Intellectual Property Office (CIPO) to review whether that trademark is actually being used in Canada.

To do this, a request is made for CIPO to issue a Section 45 notice to the trademark owner. This notice requires the owner to prove that they have used their trademark in Canada within the past three years. If they fail to respond or can’t provide acceptable proof, their trademark will be expunged (cancelled).

This means the trademark will be removed from the register and will no longer prevent your application from moving forward.

When Can a Cancellation Be Requested?

You can only request a Section 45 notice once the trademark has been registered for at least three years. This is an important rule. If the trademark is newer than three years, you must wait until that time period has passed before cancellation can be considered.

Why Start a Cancellation Proceeding?

Let’s say your application is being blocked by a similar registered trademark, but after searching, you can’t find any signs that this mark is actually being used in Canada. In that case, you may be able to challenge it through cancellation proceedings.

This process gives the owner of the older mark a chance to prove that they’re using it in the Canadian marketplace. If they can’t—or don’t respond—the mark will be cancelled.

What Happens After the Notice Is Issued?

Once the Section 45 notice is sent, the trademark owner has three months to submit evidence showing how they’ve used their trademark in Canada over the past three years.

If they don’t respond at all, their trademark will be automatically cancelled.

If they do respond, the evidence will be reviewed to see whether it qualifies as genuine use under Canadian law. In some cases, additional arguments (called “written observations”) can be submitted to challenge the strength of the evidence.

What Counts as “Use” of a Trademark?

To keep a trademark active in Canada, the owner must use it in the regular course of business. Examples of valid use include:

  • Selling goods in Canada that display the trademark on packaging or labels
  • Offering services under the trademark to Canadian customers
  • Advertising services directly to Canadians
  • Distributing products from outside Canada to customers inside Canada

It’s not enough for a business to simply own a website or trademark—they must show clear, real-world commercial use in Canada. If the evidence shows only use in other countries or limited promotional activity, it may not be enough to keep the trademark registered.

What Happens to Your Application During This Time?

While cancellation proceedings are underway, your own trademark application will be placed on hold. In the meantime, we will request extensions of time from the Canadian Trademark Office to keep your application active.

Once the older, blocking trademark is cancelled, we can respond to the office action and ask for your trademark to be approved.

Key Takeaways

  • In Canada, registered trademarks can be cancelled if they haven’t been used in the last 3 years.
  • You can only request cancellation 3 years after the date of registration.
  • If the trademark owner doesn’t respond—or fails to prove use—their mark will be removed from the register.
  • This process helps clear unused trademarks that are blocking new applications.
  • During the cancellation process, we’ll keep your application active by requesting time extensions.

If you believe a registered trademark is blocking your own and it doesn’t appear to be used in Canada, cancellation proceedings may be the best way forward.

Let us know if you’d like to move ahead or have any questions about the process—we’re here to help.

Why Brand Registration Should Be Your Top Priority in 2025

Posted on by trademarkangel

When you start or grow a business, you might not think about brand registration immediately. But trust me, it’s one of the smartest moves you can make. Here at Trademark Angel, we often talk about how important it is to protect what you’ve built — your name, logo, and identity. Brand registration does precisely that. It makes sure no one else can use your brand without your permission.

Let me share why you should prioritise brand registration this year and every year after.

What Is Brand Registration, and Why Does It Matter?

Brand registration means officially registering your business name, logo, or slogan with the government, in the U.S., usually through the United States Patent and Trademark Office (USPTO). This isn’t just a formality. It gives you legal rights to your brand and shows others you’re serious about protecting it.

Someone else could start using your name or something similar without brand registration. That can confuse your customers and hurt your business. It’s happened to plenty of businesses, and it’s a challenging situation to fix after the fact.

How Brand Registration Protects You

When you register your brand, you get more than just a certificate. You get a shield. You can stop others from copying or using your brand without permission. If someone does try to copy you, having your brand registered means you can take legal action. That’s a powerful way to protect your business and your reputation.

You also get the right to use the ® symbol next to your brand name. This symbol tells the world that your brand is registered and protected. It can discourage others from trying to use your name.

A Real Benefit for Your Business Growth

Brand registration is even more critical if you plan to grow your business. Say you want to expand into new states or even other countries. Registered brands make opening new locations, working with partners, or selling your products internationally easier.

Plus, it can make your brand more valuable if you want to sell your business or get investors involved. They will want to see that your brand is protected and you have clear ownership.

Tips for Registering Your Brand

If you’re thinking about brand registration, here are some tips from our experience at Trademark Angel:

  • Start Early: Don’t wait until your business is huge to register your brand. The sooner you register, the better. This can save you headaches down the road.
  • Do Your Homework: Check if anyone uses a similar name or logo before registering. This will help you avoid legal trouble and wasted money.
  • Choose a Strong Brand Name: The more unique and distinctive your brand name is, the easier it is to protect.
  • Keep Records: Save all the documents and proof of when you started using your brand. This can help if someone challenges your ownership later.
  • Use Your Brand Consistently: The law requires that you use your registered brand regularly in commerce to keep your rights.

What Happens If You Don’t Register?

Some people think they can protect their brand just by using it. While you get some common law rights by using a brand, these rights are limited. Without registration, proving ownership and stopping others from using your brand is harder.

If someone registers a similar brand first, you might have to change your name or pay damages. That can be costly and stressful, especially if your customers already know your brand.

We’re Here to Help You

Brand registration can seem confusing or overwhelming, especially if it’s your first time. That’s why we’re ready to guide you through every step at Trademark Angel. From searching your brand’s availability to filing the application and maintaining your registration, we help simplify the process.

Our goal is to give you peace of mind so you can focus on what you do best — building your business.

Looking Ahead in 2025

As the corporate world evolves, trademark protection becomes increasingly more critical. More businesses are fighting for customers’ attention, selling internationally and online. One of your most essential assets in this competitive industry is your brand.

Make 2025 the year you give brand registration serious attention if you haven’t already. It’s an investment in your peace of mind and your company’s future. Remember that your brand is your reputation, narrative, and client commitment. Take good care of it.