18 to 24 months.
Depending on the country where the application is filed, the trademark registration process can take anywhere from a few months to a few years. Most applications in Canada are processed within 18 to 24 months.
How much does it cost to trademark a name in Canada?
$335.93 CAD
Official Fees
There is a trademark application filing fee of $335.93 CAD for the first class of goods and services in your Canadian trademark application. For each class of goods and services beyond the first, there is a further cost of $101.80 CAD per class payable when filing your application.
How long do Trademarks take to be approved?
12 to 18 months
Usually, the process takes 12 to 18 months. Registering your trademark is a complex procedure that involves your application moving through various stages. Learning about each stage in the process will help you understand why getting a trademark takes as long as it does.
How do I trademark my name in Canada?
In Canada, a trade-mark is registered by filing an application with the trade-marks Office together with a non-refundable fee of $336.6 for each trade-mark applied for. It is possible to file an application for registration of a trade-mark that is not yet in use somewhere in Canada.
How do you trademark a name quickly?
Key takeaway: To register and trademark your brand name, search the TESS database for similar brand names, fill out the trademark application and submit it to the USPTO for review.
How long do trademarks last in Canada?
for 10 years
When you register your trademark, you get the sole right to use the mark across Canada for 10 years. You can renew your trademark every 10 years after that. A registered trademark is one that has been entered in the Register of Trademarks.
Is it worth it to trademark a name?
Names hold power in business. So establishing ownership of and rights to a business name is an important step for businesses that want to ensure a name remains one-of-a-kind. Registering a trademark helps protect a name or brand from intellectual property theft or misuse as a business grows.
How often do trademarks get rejected?
Nowadays, nearly half (48.3%) of all trademark applications filed in the US with the United States Patent and Trademark Office (USPTO) are rejected.
Can I use my trademark while its pending?
Trademark applicants must wait until they have been given official approval from the USPTO before using the registered trademark symbol (®). Although using TM or SM is allowed at any time, using the registered symbol while a trademark is still pending is a criminal or civil offense in many jurisdictions.
Can a trademark be denied?
A mark will be refused as primarily geographically deceptively misdescriptive if: (1) the primary significance of the mark is a generally known geographic location; (2) purchasers would be likely to think that the goods or services originate in the geographic place identified in the mark, i.e., purchasers would make a
Do I need a lawyer to register a trademark in Canada?
Do I need a Lawyer? It is possible to file a trademark application on your own. However, hiring a lawyer and have that lawyer conduct the appropriate searches is some of the best money that a business can spend when starting a new brand.
Can I file a trademark myself in Canada?
Welcome to the Canadian Intellectual Property Office (CIPO) Trademarks e-Filing service. With this online service, you can file a new or amended trademark or certification mark application. Once you have paid your application fee, you will immediately receive your application number.
What names Cannot be trademarked?
What Can’t Be Trademarked?
- Proper names or likenesses without consent from the person.
- Generic terms, phrases, or the like.
- Government symbols or insignia.
- Vulgar or disparaging words or phrases.
- The likeness of a U.S. President, former or current.
- Immoral, deceptive, or scandalous words or symbols.
- Sounds or short motifs.
Does a trademark protect your name?
Trademarks, copyrights, and patents protect different types of intellectual property. A trademark typically protects brand names and logos used on goods and services. A copyright protects an original artistic or literary work.
Can you trademark a name and sell it?
Since trade marks are property, you can sell or transfer them to another party as you would any other business assets. In legal terms, this is known as transfer of ownership or trade mark assignment.
What happens if you trademark a name and someone uses it?
A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances. However, in most cases, trademark owners choose to sue for infringement in federal court.
How do I know if my trademark is approved Canada?
We will send you a formal filing acknowledgement and a proof sheet that details the information you included in your application within seven business days from the receipt of the application if done online, and within 20 business days in any other case.
What rights come with a trademark Canada?
- Nationwide Trademark Protection across Canada for 10 Years.
- Priority Rights in Respect of Applications in Other Jurisdictions.
- Right to Exclusive Use of the Trademark in Canada.
- Enhanced Ability to Enforce Trademark Rights in Canada.
- Lower Cost of Enforcement.
Do I need to trademark my business name Canada?
Even if your company name or your business name is registered federally (Corporations Canada), provincially or territorially, it is recommended to also obtain trademark registration to better protect your brand.
Should I trademark my name or logo first?
If you have to start somewhere but only have the budget for one application upfront, it is generally ideal to protect your brand name first. A brand name is typically least likely to change over time, and a word mark often provides broader protection than a design mark.
Is it better to copyright or trademark a name?
Copyright protects original work, whereas a trademark protects items that distinguish or identify a particular business from another. Copyright is generated automatically upon the creation of original work, whereas a trademark is established through common use of a mark in the course of business.