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We Serve Patents,  Trade Marks,  and  Industrial Designs in Canada and in the United States


Request Trade Mark Registration in Canada

Request Trade Mark Registration in the United States of America
Request Trade Mark Search in Canada

Request Trade Mark Search in the United States of America


In general, a trade mark is used to distinguish one trader's goods or services from another's. A trademark is a word, logo, symbol, design, or a combination thereof, displayed on wares or associated with services, to identify the wares or services to purchasers. The trademark generally indicates that the wares or services come from, or are approved or sponsored by, the same source as all other wares or services associated with the same trademark. A trademark may also indicate that the wares or services meet the same standard of quality as all other wares or services associated with the same trademark.

Prior to using the mark and/or filing for protection, we recommend that a trade mark search be conducted in either the Canadian or in the United States Trade Mark Office records to determine the availability of the mark. If the search results are favorable, you should then consider filing a trade mark application for the mark.

The cost of filing corresponding foreign applications varies considerably from country to country. Foreign applications must be filed within 6 months of filing the Canadian application if priority is claimed from the Canadian filing date. The cost of filing in the United States varies, and depends on the number of classes of goods and services for which protection is sought.

If you are contemplating using a trade mark in the United States, then we recommend that at least a United States clearance search be implemented at the same time as, or soon after, the Canadian search. The types of available United States searches varies considerably.

After the application is filed in the Trademarks Office, it is examined by a Trademarks Office examiner. For example, the examiner searches for potentially confusing trademarks, and assesses other potential obstacles to registration, as discussed above. If the examiner raises no objections the application is approved for publication in the Trademarks Journal. For a two-month interval after publication the application is subject to opposition by other parties. Oppositions, which are relatively uncommon, may for example be based upon prior use of an allegedly confusing trademark. It typically takes up to a year to "prosecute" an application through the foregoing stages, assuming that there are no examiner's objections or oppositions.

After filing a trade mark application, there are normally further costs associated with guiding the application through to the registration stage, such as convincing a trade mark Examiner that the application is one for which a trade mark registration should issue. This procedure is referred to as prosecution of a trade mark application. The prosecution costs will depend on the number of objections raised by the Examiner, if any, and the difficulty encountered in overcoming these objections. Also, once a trade mark is allowed in Canada there is a registration fee to be paid.

Please note that the time span between preparing and filing an application and obtaining a registration is often at least twelve months in Canada. Before obtaining a trade mark registration, a trade mark user should identify that its mark (whether words and/or a logo) is being used as trade mark by including the symbol "TM" beside the mark. The symbol "R (circled)" should be used for registered trade marks only.






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Canadian Intellectual Property Agents & Associates


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