Register a Trademark in Canada2018-11-11T19:20:08+00:00
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Register a Trademark in Canada

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If you are looking to register your trademark in Canada, look no further. We can do all trademark-related work in Canada for you from a trademark consulting to cancellation proceedings and oppositions. We are very confident that our prices for Canadian filings are one of the lowest while you work with the best of the best.

Canada is currently going through trademark reform with many exciting changes underway. If you are planning to file in Canada, now is the best time as very soon applicants will be charged per class (currently it’s still one fee per application).

Important highlights about the Canadian trademark registration process:

  • Trademark is examined on absolute and relative grounds (meaning it can be refused if there is a similar mark or if the mark is descriptive)
  • No specimens of use are required
  • You can now register a trademark for marijuana since Canada has legalized cannabis for recreational use
  • Trademark registration process takes about 18-24 months, so you need to be patient when filing in Canada.
Anita photo

Anita Mar is a registered trademark agent helping clients with trademark registration in Canada. Anita has been practising trademark law since 1999 and received the highest mark in Canada’s trademark agent qualifying exam in 2008.

Pricing of Our Packages

The prices are in CAD$ for Canada

SAIL THROUGH

$395
  • Covers filing your application and reporting the progress all the way to registration. 2 classes included. This is our entry-level package.

ALL IN

$745
  • Covers full trademark registration, including reporting and responding to non-substantive examiner’s objections and free re-filing.

BELLS AND WHISTLES

$1095
  • Covers all aspects of trademark registration, including responding to all examiner’s objections and free re-filing. More free extras.

Details about pricing packages

Government fees are not included in our packages and are extra

Upgrades

Upgrade 1

$350
  • Upgrade “SAIL THROUGH” package to “ALL IN” package

Upgrade 2

$700
  • Upgrade “SAIL THROUGH” package to “BELLS AND WHISTLES” package

Upgrade 3

$350
  • Upgrade “ALL IN” package to “BELLS AND WHISTLES” package

FAQ

What are different types of names? Company name vs business name vs domain name vs trademark?2018-11-12T20:28:07+00:00

What is the difference between company name, business name, domain name and brand or trademark?

What are different types of company, domain, business or brand names? Let’s get the names straight to avoid confusion.

  • Company name: Legal name of the company, either registered federally or in a certain state (or province in Canada).

Example: Microsoft Corporation
Note: one company may own more than one brand and may do business under more than one name

  • Business name or doing business as: Name under which you conduct your business.

Example: Microsoft

Example: Skype

  • Domain name: Name of your address on the Web.

Example: www.microsoft.com

Example: www.skype.com (Microsoft owns Skype)

  • Trademark: A trademark may be one word, a combination of words, or logos (or even sounds and smells!) used to distinguish/differentiate your products or services from those of other entities.

Example: MICROSOFT, , or a combined mark:

Example: SKYPE,

Let’s take another example of a giant retailer Kraft Foods.

Company name: Kraft Foods Inc.

12 of Kraft Foods brands are sold worldwide: Cadbury, Jacobs, Kraft, Maxwell House,  Milka, Nabisco, Oreo, Oscar Mayer, Philadelphia, Trident and Tang.

For each brand Kraft Foods has a website: cadbury.co.uk; cadbury.com.au; oreo.com; oscarmayer.com, etc.

Not everyone knows that these 12 famous brands are owned by the same giant! It doesn’t really matter, what matters is that everyone knows where do buy their favorite Cadbury chocolate or Oreo cookies and everyone knows how the Oreo cookies package looks like!

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Do I need to register a trademark if my business incorporated?2018-11-12T20:16:04+00:00

If you simply incorporate or register a corporate name , it doesn’t mean that the government approved for you to use the name as a trademark.

If we take a US LLC, as an example, every state has its own laws about business names.

You can register your LLC name in Delaware but the business name registration has no impact on the other 49 states.

In plain English, if you register Coolapples LLC in Delaware, another entity may register Coolapples LLC in Indiana. If you plan to expand nationwide or worldwide, trademark registration will provide that protection. A federal US trademark will give you exclusive rights to use your brand name for your products across the US. Likewise, a Canadian or Australian trademark will give you country-wide rights to use your chosen brand in your country and will make it easier for your to sell or license your trademark later.

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Do I have to use my trademark prior to filing in Canada? Do I have to use my trademark after registration?2018-08-04T22:32:18+00:00

In Canada, no use is required when a trademark is filed. Before your trademark registers it must be put to use. A simple Declaration of Use must be filed. One exception: when a foreign application relies on use and registration if a foreign country.

Use is mandatory to maintain your trademark after registration. It is possible to cancel a trademark for non-use if the trademark has not been in use for 3 years after registration and there has been no good reason to justify non-use.

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Can I use my trademark if it isn’t registered?2018-08-04T22:14:41+00:00

It’s perfectly legal for you to use your trademark without registration. However, if you are using a trademark that is similar to another name that was adopted before you adopted your trademark, you may be liable for trademark infringement.

To minimize the risk of choosing a trademark that’s similar to another name, you should do a trademark search of the Trademark Office database of the country where you plan to use your brand  and of the marketplace (check on Internet for similar names usage).

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How long is a trademark opposition process?2018-08-13T15:47:02+00:00

In different countries trademark opposition process is different.

In the US, trademark opposition period is only 30 days, so you have to be pretty fast if you plan to oppose.

In Canada, one has to file a trademark opposition within a 2-month period.

In the UK, an opposition period is 2 months but can be requested to 3 months upon a request made by a party that intends to oppose.

In the European Union, a notice of opposition must be filed within 3 months following the publication.

In Australia, the opposition period is 3 months from the date of publication.

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How long does it take to register a trademark?2018-08-13T16:20:52+00:00

It takes a minimum of 8 months to register trademark in the US. If there are office actions (objections from the Trademarks Office), then registration will be delayed. It’s not uncommon for a registration to take a year or longer.

It takes 20 months to register a trademark in Canada. It’s painfully slo-o-ow. Don’t ask us why. We don’t know the answer. We feel your pain though. Hopefully, once Canada joins Madrid protocol things will improve.

You will have to wait for about 7.5 months to register a trademark in Australia.

In the European Union, the registration process is about 6-7 months. Not so bad, but the government fees are very high. If your application is filed using “fast-track” method, then the whole process may take about 4-5 months.

The winner is the United Kingdom, where it takes about 4 months from filing to registration. Added bonus is low government fees.

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How long are trademarks valid for?2018-08-04T12:51:27+00:00

Trademarks can last forever if they are renewed on time. Keep in mind you will have to continue using your trademark to keep it in good standing.

In the US, you must renew your trademark every 10 years. In addition, between the 5th and 6th year after the registration date, you must file an “affidavit of use” to keep the registration alive.

In Canada, a trademark has to be renewed every 15 years (the renewal period will be changed to 10 years soon).

In Australia, European Union and the United Kingdom, you have to renew your trademark every 10 years.

 

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What does “using a trademark in Canada” mean?2018-08-04T12:37:59+00:00

Use is essential to registration and to the maintenance of your trademark. You can’t register your trademark Canada and the US if you don’t use it. In many other countries, you need to use the trademark after registration to make sure it’s not challenged and canceled for non-use.

In Canada, using the trademark for goods (products) is simply selling your products with your trademark being displayed either on the actual products or on their packaging during the sale.

Using for services is simply advertising of the mark in Canada and the services must be performed in Canada, or be available to be performed in Canada.

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What’s required in order to file a trademark application in Canada?2018-08-04T12:38:07+00:00
  • The full legal name of the applicant (either your company or your personal name)
  • The full address of the applicant.
  • The trademark name. If you are filing for a logo, we need to see the logo.
  • The products which you sell or plan to sell under your trademark (provide a list).
  • The services which you offer or plan to offer under your trademark (provide a list).
  • Whether the trademark been used yet in Canada: yes/no. If yes, the date of first use (sale) in Canada for each product and service.

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What is the Canadian trademark registration process?2018-08-04T12:38:34+00:00

Trademark Registration Process in Canada

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Should I claim color as a feature of the mark?2018-08-04T12:47:11+00:00

When you file your logo in black and white, you may use your logo in any color. When you file your logo claiming color, you must use your logo in those colors.

A color claim is a limitation, which otherwise confers on the owner the exclusive right to use the mark in any color. Therefore, a color claim narrows down the protection for a mark and it is usually advisable to include such a claim only when a particular color is considered to be an important and essential feature of the mark.

In addition, a trademark logo in color is usually not the first trademark that should be filed. If an applicant files a first trademark, it’s best to file a word mark in standard characters. Such a trademark will allow the owner to use its trademark logo in any font and style. After a word mark is filed a trademark logo should be considered for filing. Of course, it may be filed at the same time as the word mark if finances allow.

Only after the word mark and the logo in black and white are protected, should a logo in color be protected if necessary.

What’s the bottom line? Unless color is an essential element of your trademark logo, don’t file in color.

Read our article for a full discussion about color claims.

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Articles

Register a trademark in the US
Register a trademark in the UK
Register a trademark in the EU
Register a trademark in Australia
Register a trademark in China
Anita photo

Anita Mar
CEO and Registered Trademark Agent at Trademark Angel Inc.

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