Have a question about trademark pricing?
We’re always here to help.
What are your fees like compared to other options?
There are two types of service providers:
Non-lawyer ‘el-cheapo’ or ‘bargain’ online services
These services tend to advertise low prices, but by the end of the process, you’ll have paid a lot more. Some of them even set you up to fail by having you fill out the majority of your application by yourself. If you end up with a refusal by an examiner, they then charge more to fix an already flawed application.
Full-service law firm
This is the best option, in our experience, and what we are. Typically, these firms charge hourly with single applications running up to $4,000 or more. We offer the same (or better) expertise as any qualified registered agent/lawyer out there, but at a quoted flat fee, usually 30-70% lower than comparable firms.
How experienced are your people compared to other options?
In large firms, trademark applications are handled by junior lawyers and ‘supervised’ by senior lawyers. Their hourly fees can get to be quite high, while the experience level of the lawyer mainly working on the file is low.
Our philosophy is different: no juniors, only senior-level agents and lawyers – people who’ve either worked at top-tier law firms or in-house with large corporations. When it comes to trademark registration, experience is everything. Despite being boutique, we are one of the top 10 filing firms in Canada. We have handled thousands of applications and our success rate is very high.
How long is the process?
We typically deliver our application work within 5-7 business days. For straightforward cases it can then take between 10-18 months for Canada; 8-12 months for the US. There is no mechanism for expediting applications. The best way to ensure the quickest processing time is by hiring an experienced, reputable registered trademark agent. If your application is filed perfectly, you will sail through the process.
The application seems straightforward, can’t I just file it myself?
The reality is that even the most minor of mistakes can be fatal to an application or cause months and months of delays. A properly filed application is critical to a successful trademark registration. We don’t recommend self-filing and neither does the CIPO. Here’s a summary of what they say about it:
Consider hiring a registered trademark agent
Preparing and following through on your trademark application is a complex process. Whoever does it needs a lot of knowledge about trademark law and how the Registrar's office works…Beware of unregistered trademark agents! A trained trademark agent will make sure that your application is properly written so that your trademark will be protected. This is especially important if someone challenges your right to the mark. You do not have to hire an agent but we highly recommend that you do. http://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/h_wr02360.html#whoCanApply
What’s the advantage of all-inclusive fees?
We give you a complete, transparent picture of all fees involved—not because we have to, but because we believe it’s the right thing to do. The complete down-to-the-penny picture of costs is provided in the quote we emailed to you following your initial consultation.
If you have any questions about fees, we’re always happy to answer! You can find out more about our fees on our website: trademarkshop.ca/pricing. The fees on our website do not include tax or filing fees as these can vary.
What do your fees include?
Our fees include:
- a FULL comprehensive trademark clearance report from one of the eminent search houses in North America.
- a lawyer-drafted legal opinion letter summarizing the report and identifying any conflicts and likelihood of examiner refusal (office action).
- phone meeting to discuss likelihood of success and suggest strategies for success.
Our fees include:
- expertly drafted and filed applications with the CIPO
- becoming your agent of record and receiving all correspondence on your behalf.
- monitoring of applications from start to registration; responses to all examiner reports (office actions), with the exception of three specific refusals:
- obscenity (if your trademark is obscene in any way)
- descriptiveness (if you sell coffee and you try to trademark the dictionary word, ‘coffee’)
- or confusion with a prior existing registered or pending trademark.
What happens if there’s a conflict identified in my search?
If a search report reveals a problem with your proposed trademark, we will always offer a phone meeting to discuss the issue and suggest a range of potential strategies for success.
Importantly, the quote you receive breaks down each service and the associated fee. If we stop the process part way, you will only be charged for services delivered up to that point. As we are regulated by the Law Society of Ontario clients are protected from charges that weren’t accepted/ approved in advance.
Are there any additional fees after my application is filed?
In the vast majority of cases, the quote we provide following the initial consultation is the complete, transparent picture of fees - beginning to end. However, there are two rare but possible outcomes that could result in additional fees:
- an office action citing a substantive refusal (obscenity, descriptiveness or confusion)
- an opposition
In the event of an office action citing any of the above three refusals, we will first try to resolve the examiner's concern by speaking with them over the phone. In many cases, a minor adjustment to the application is all that is required. However, if a substantive response is required, our flat fee for preparation and submission is $850 CAD plus tax (if you elect to file a response). You will never receive a surprise bill!
Once your trademark has been published, it can be opposed by anyone with valid reasons, such as a competitor. Oppositions are complicated and much like court proceedings. If you want our help to respond or oppose someone else's trademark, we charge on an hourly-rate basis. Our hourly fees vary (depending on the practitioner) from $250-$500.
How common are complex office actions and oppositions?
Less than 5% of our files involve a complex office action or opposition.
How about administrative tasks?
The quoted flat fee includes ALL minor administrative tasks associated with your trademark application (such as specimens of use, declarations of use or paying final registration fees on your behalf). Some of these tasks involve less than 5 minutes of time – we don’t believe a client should ever be charged for that.
Why don’t you provide a quote for US filings?
Currency exchange rates fluctuate, which means that we can’t quote you in advance for the filing fees. Also, filing fees in the US system are not charged per application but per class (e.g., running shoes and computer software development represent two different classes). After we draft your application, we will be able to tell you how many classes (and how many filing fees) would be involved with your application.
What currency can I pay in?
All fees for legal services are in Canadian dollars (CAD). Because we are USPTO-qualified, we also offer our US trademark registration services in CAD, which gives clients excellent savings on their US applications. USPTO government fees have to be paid in US dollars (USD).
Do you offer payment plans or deferred payment?
No, unfortunately we do not. Our fees are already among the lowest in North America, 30 - 70% lower than other firms. Also, the bulk of the work on your file involves searches and drafting – this work is completed within 5-7 business days.
Do you guarantee success?
We guarantee expertise, and our expertise almost always results in success – we have an extremely high success rate! ‘100% money back guarantees’ are a marketing gimmick. The reality is, the ultimate decision about your application is made by the government, which only comes 10-18 months into the process. Refunding the trademarking fees isn’t much of a consolation after you’ve already waited all that time for a decision that doesn’t go your way.
You can also count on us to be honest about what we can and can’t achieve for you. We view our work as an ‘insurance policy’ on your investment. Getting it right sometimes means telling you it won’t work and you need to change something about your trademark before filing it.
Can you help me develop a brand name or design a logo?
Yes, we can! We have recently launched a new branding service BrandHuddl. It’s your all-in-one very affordable solution offering logo and brand name development, trademark searches and trademark registration.
How do I get started?
Simply complete our client intake form found on our website: https://trademarkshop.ca/trademark-information.This form can also be accessed within the email of the quote we sent you following your phone consultation.
How do I get in touch with you?
Alana Ennis will be your client satisfaction contact. If at any time you have a question or concern about your file in terms of lawyer responsiveness or any other non-legal issues, we invite you to email or call her directly. She will ensure that your questions or concerns are addressed.
If you need to speak with a lawyer, Alana will book an appointment for you.