Trademark Registration Process Overview as per CIPO

Preparation and Filing of the trademark application

During this preparation stage we do a Trademark search to determine if there are any conflicts, and prepare a draft of the trademark application for your review. Our trademark specialist conduct an extensive search of the trademark database during this period. We only file the trademark application after we receive a signed copy of that approval form, confirming that you agree with the content of your trademark application. Our regular trademark services process time for all packages is 7-10 business days from receipt of your order and payment, to filing. After the trademark application is filed your proposed trademark will appear in the Canadian Intellectual Property Office (CIPO) trademark database. There are rush service options available to shorten the filing time by having your order prioritized.

Examination of the Proposed Trademark

After filing, your trademark will be assigned to a CIPO trademark examiner. He or she will issue a report, usually 6-8 months after filing. This report will contain an approval notice, or information about why your mark may not be registered, instructions about how to correct the issue, and a deadline by which you must respond. If you resolve all issues mentioned in the CIPO examiners report, you will receive an approval notice. The Professional Package includes letters to your CIPO examiner and revised trademark applications where necessary. Most problems are easily corrected, though it is possible for a mark to be 'unregistrable' if there is a major conflict with another trademark or if the mark is in violation of the Trade-marks Act.

Publication of the Proposed Trademark

After the CIPO examiner has approved a mark, it is published in the trademarks journal. At this stage it is possible for other trademark holders to oppose your proposed mark if they feel that your trademark is too similar to their own. You would typically use the services of a trademark lawyer or trademark agent to deal with opposition.

Allowance and Registration of the Proposed Trademark

If your trademark runs in the trademarks journal without being opposed, your CIPO examiner will send an allowance notice. You would then pay the $200 trademark registration fee directly to CIPO and your mark would be registered for 15 years before coming up for renewal. Allowance typically occurs anywhere from 12-18 months after filing. At the time of your trademark registration, you will be asked to provide a date of first use for any wares and services that were initially filed as proposed uses. If you have proposed wares and services that are not yet applicable, but you do not want to remove them from your application, it is possible to request for a time extension.

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