How Does the
Trade-Mark Registration Process Work?
In Canada,
registration of a trademark consists of having the trademark entered on the
Trademarks Register of the Trademarks Office of the Canadian Intellectual
Property Office of Industry Canada. The entire process takes approximately 12-18 months, unless there are opposition proceedings, in which
case the process can be much longer.
In Canada, a
trademark is registered by filing an application with the Trademarks Office
together with a non-refundable fee of two hundred and fifty dollars ($250.00)
for each trademark applied for. While it is possible to file an application for
registration of a trademark that is not yet in use somewhere in Canada, the
trademark must be in use in Canada before actual registration can occur.
An application
for registration of a trademark must include a detailed description, in normal
commercial terms, of the wares or services in relation to which the trademark
is used. Within a couple of weeks of receiving an application for registration
of a trademark, the Trademarks Office will issue a confirmation of receipt of
the application.
Within the
following month or two, the Trademarks Office examiners then carry out a search
of trademark records for potentially conflicting marks. Should there be no
apparent conflict, the examiners then make an initial determination as to the
registrability of the trademark, assessing such characteristics as whether the
trademark is "clearly descriptive" or "deceptively
mis-descriptive". They will also decide whether the description of the
wares or services complies with the regulations and is in normal commercial
terms. The examiners advise the applicant of any adverse findings.
Once past the
conflict search stage and initial determination of registrability, the
trademark information is published in the Trademarks Journal. Any
interested party may then make representations to the Trademarks Office, such
as filing an opposition against registration of the trademark owing to alleged
confusion with an existing mark. Should this happen, opposition proceedings
can, if successful, bring the application process to an end or otherwise delay
the registration process for eighteen (18) months or more.
If the
Trademarks Office receives no objection within approximately three (3) months
of publication in the Trademarks Journal, the Trademarks Office
issues a notice of allowance of the application for registration.
TTo proceed to the final step of registration, a fee of two hundred
dollars ($200.00) per trademark must be paid by the applicant within six (6)
months of the date of the notice of allowance. Upon receipt of the registration
fees, the Trademarks Office will issue a certificate of registration for each
duly registered trademark.