We are a ’boutique’ law firm specializing in Canadian trademark registration services. Our normal fees & disbursements are set out below: We also do U.S. trademark registrations for Canadians. Being so specialized, we can offer you focused and cost-effective services.
Canadian Application and Registration
|Trademark Application Preparation and Filing
We consult with you as to the purpose of the registration, who the applicant should be, what wares and/or services to include, actual and proposed use of the trademark and all other related matters. Once you have approved the draft we will file it on your behalf and make the government (CIPO) payment for you. We forward the application acknowledgement letter to you with our reporting letter. We are available to answer all your questions at no additional charge.
|Trademark Office Review – Approval, Allowance and Certificate
It normally takes 5-6 months for the Trademarks Office (CIPO) to review your application. If there is a problem, they will send an Examiner’s Report (Office Action). Most of the applications have little or no problems. If there is a major problem, there may be additional costs. We will take no action without your prior consent and we will provide you with a fixed price quote.If there is no Office Action, CIPO will send a Notice of Approval indicating the application will be published in the Trademarks Journal. After it is published any member of the public has two months to object to the granting of a registration for your trademark by filing an Opposition. These are rare, but if there is one we will advise you of your options, your chances of success and the costs involved. Once this stage is completed, your application will be “allowed” for registration. Upon filing the necessary papers and paying a further $200 to the government, your trademark will be registered.As your Registered Trademark Agents,** all correspondence comes to us. We forward it to you together with an explanation of its purpose and our recommendations regarding any issues that may arise. We are available to answer all your questions at no additional charge.
|Total for a Typical Registration: $1,450 + taxes||$450||$1,000|
Other Canadian Services
|Canadian Trademark: Comprehensive Name Search and Report
A search for the same and similar marks to assess whether a trademark is registrable and to identify potential trademark infringement risks. This report covers word marks and includes an Opinion from a Trademark Lawyer and/or Registered Trademark Agent as to whether the proposed trademark is a good candidate for registration.**
|Design Search and Opinion
If the mark involves a design, then a separate search of the design should be done. This is more complex than a word mark search.
|Declaration of Use
If your application is based on proposed use rather than actual use, then a Declaration of Use must be prepared before CIPO will actually register your trademark. This fee covers the preparation and filing of this Declaration of Use
*Does not include applicable taxes.
U.S. Trademark Registration
For a basic one-class U.S. application you can expect to spend about $1,275 + taxes + exchange, for the application and registration.
Comprehensive Register Search and Opinion Fees- $400 + taxes
A Comprehensive Register Search searches the U.S. trademark database for marks that are the same or similar marks to yours. We use the results of this search to assess whether a trademark is registrable and to identify potential trademark infringement risks. Our report both the search results and our Opinion as to whether your proposed trademark is a good candidate for registration. There may be an additional charge if a design is involved.
Trademark Application & Registration Fees – $1,000 + $275 USD + taxes
Preparation and filing of the trademark application. This includes drafting an appropriate description of wares and/or services to encompass your current and future business activities and to meet USPTO criteria. Fees are based on one class of either wares or services.
From Filing to Certificate: Arranging and Monitoring Suspension; Filing Canadian registered trademark certificate; receiving and reporting Notice of Approval for Publication; monitoring Opposition Period; receiving and reporting Notice of Allowance, filing final documents as necessary; reviewing and forwarding Certificate of Registration.
1. We do our best to file a “USPTO PLUS” application at $275 USD per class. This kind of application is streamlined so the U.S. Trademark Office can process it more easily.Otherwise, the USPTO charges $325 per class.
2. The USPTO divides all wares and services into 45 classes, and the application and other charges are based on the number of classes. Until we know the details of your application we cannot determine how many classes will be involved.
3. In this example, we assume that the registration will be based on a Canadian trademark application and registration.
4. Please note that we can only provide services to Canadian individuals and companies.
5. * Applicable taxes (eg. HST) to be added.
6. ** Assuming that the USD is on par with CND.
7. We will always seek your prior approval before incurring any costs.
Other Possible Costs
U.S. Design Search and Opinion Fee – $550
If the mark involves a design, then a separate U.S. Design Search and Opinion for the design should be done.
Examiner’s Report Our Fees $0-$500
Handling USPTO Examiner’s Report, including strategic advice for overcoming any objections raised by the Examiner (time-based fees — we will provide a fixed price when the Report is received.
Declaration/Allegation of Use Fees – $150 USD per class + Gov’t Charge
Preparation and filing of Allegation of Use and specimen (only for applications based on intent to use that are registered based on actual use). In addition, the USPTO charges $150 for the 1st class + $75 per class thereafter