Canada Trademark Registration

Our Trademark Attorneys in Canada will assist you throughout the Trademark Registration Process outlined below. Please notice that each step can be ordered independently:

Trademark Comprehensive Study

Step 1

Trademark Comprehensive Study

A report which includes a search of similar and identical trademarks along with our attorneys’ expert opinion about the registration probabilities of your trademark in Canada. This report is optional but highly recommended since it allows you to rule out any possible objections to your trademark in advance.

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Trademark Registration Request

Step 2

Trademark Registration Request

The filing and processing of the Trademark Registration Request before the Canadian Trademark Office, according to the legal procedures and requirements of this country with the objective of obtaining ownership of the trademark. Once we file the trademark we will send you a scanned copy of the filed application.

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Trademark Registration Certificate

Step 3

Trademark Registration Certificate

Once your trademark is approved for registration, you will need to request the Trademark Registration Certificate.

The Trademark Registration Certificate provides proof of ownership of the trademark. This service also includes our Trademark Watch service for ten years. The Watch service detects any conflicting trademark applications and informs you of potential infringements, thereby giving you the opportunity to file an opposition.

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  1. Is registration of a trademark mandatory?

    Registration is not compulsory, but it is advisable. Otherwise the legal benefits of registration may not be available. Furthermore, compared to the burden of proof needed to enforce rights in an unregistered trademark, enforcement of a registered trademark is less expensive.

  2. Which Intellectual Property rights are registrable?

    In general words, drawings, designs, colors or the combination of these elements. Word marks and design marks that are not descriptive, are registrable if they are distinctive and do not constitute prohibited marks. Color may be claimed as a feature of the mark. Certification marks and distinguishing guises can also be registered. Marks that are primarily a name or surname are not registrable unless they have become distinctive.

  3. Can a trademark be registered for covering a commercial establishment which activity is focused in selling goods to consumers, for example retail stores? If so, how is the registration procedure? Are there any special requirements for it?

    Yes, a trademark can be registered for retail and like services. However the application has to be worded accordingly.

  4. Is there any advantage in using a trademark before filing an application?

    No. It is better to file an application as early as possible in case somebody else starts to use the trademark in the meantime. However the trademark has to be used before registration.

  5. How long does the registration process take?

    In the absence of objections and oppositions, the registration process takes approximately 14 months.

  6. Is there any requirement of use for registered trademarks? If so, what happens in case it is not used?

    There are no fixed rules concerning terms of nonuse. Normally, nonuse cancellation proceedings cannot be filed for at least three years from the registration date. Resumption of use after initiation of cancellation proceedings will normally not cure nonuse.

  7. In the case of a registered mixed trademark (word + logo), is it possible to include in the logo, different or additional words from those mentioned in the word mark?

    It is possible to use them separately only if you have registered them separately.

  8. How can I know which is the due date for the renewal of a registered trademark?

    The term/renewal date of a registration is 15 years from the registration grant date.

  9. When should I pay the renewal fee of my registered trademark?

    The Registrar shall send a notice to the registered owner and to the registered owner’s representative for service, if any, stating that if within six months after the date of the notice the prescribed renewal fee is not paid, the registration will be expunged.

  10. Is it possible to pay the renewal fee of a patent after the renewal due date has expired? If so, when should I pay?

    It is possible to renew within the six months following the renewal notice. There are no additional prices for late renewal.

  11. What documents are required for filing a trademark or renewal application?

    No documentation is required for renewal.

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