1. Trademark Prescreen

The first step is a phone consultation to discuss important aspects of your proposed trademark. We’ll go over potential strengths and weaknesses and what distinguishes your trademark from others. Next we conduct a preliminary trademark search of the Canadian Intellectual Property Office (CIPO) registry. If yours matches an existing mark too closely, we may advise you to consider changing your chosen trademark.

2. Comprehensive Name Search

Depending on pre-screen results, we may recommend a more extensive trademark search. A comprehensive trademark search and report uses special algorithms to turn up similar looking or similar-sounding marks, in addition to exact matches. It’s important to check for similar marks because you don’t want to adopt and invest in a mark that appears to be “confusingly similar” to a pre-existing mark. Also, “confusingly similar” marks are typically ineligible for registration – the CIPO will simply deny your application.

3. Trademark Application

Once we are confident that there are no apparent conflicts, we’ll begin the trademark application process for you. This is a complex process requiring both legal expertise and attention to detail to ensure your application is approved by the CIPO.
A standard application to register a trademark in Canada includes:

• A registration application (which we carefully draft for you)
• A graphic fi le of your logo (if needed)
• A filing fee ($250, included in our pricing)

4. Examiner’s Report

When your application is reviewed by the CIPO, you may have to respond to objections raised by an Examiner. We’ll ensure you are notified of any objections and can understand the report. Providing they do not involve extensive legal argument, we’ll respond to any objection letters from the CIPO (known as Office Actions) for you at no additional cost.*

5. Declaration of Use

If your application was based on “proposed use,” you will now need to either make a declaration confirming you are actively using the trademark in your Canadian business operations, amend your application or request a time extension to allow you to begin using it. We’ll handle this for you at no additional cost.

6. Approval, Allowance & Certificate

If your trademark application is unopposed, the CIPO will request a $200 registration fee. We’ll prepare and file final documents for you along with this payment. Finally, the Office of the Registrar will issue you a Certificate of Registration and enter your trademark in the Register of Trademarks.
NOTE: The final registration fee is not included in our pricing. We’ll invoice you upon receipt of the Notice of Allowance.