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This is an exact-character search of the government’s database of 8 million registered trademarks and business names. If there is an exact match that deals with the same or similar wares and/or services as yours, then you may have to consider a different name. If your wares and/or services are different enough from any of the matches, then you can go on to the next step.
Comprehensive Trademark Search and Opinion
The NUANS Trademarks Long Report that we use is an algorithm based search developed by the government. It returns 80 citations and also includes similar sounding trademarks. These must also be searched as they can be confusing with your mark even if they are spelled differently. For example, Koke would be confusing with Coke. We provide you with our opinion as to the chances of success for your mark. This is based on years of training and decades of experience.
Preparation of the Application
There are many technical pitfalls and legal quirks in the application form that are not obvious, but can nevertheless jeopardize your application and registration. It is best to hire a registered trademark agent whose basic competency has been certified by the government. There are many online sites that offer cheaper services, but they are not registered, have little or no training and don’t carry any liability insurance. The government will not deal with them and neither should you.
Approximately 6-8 months after your application is submitted it will be reviewed by the responsible government agency – the Canadian Intellectual Property Organization (CIPO). If the CIPO Examiner has issues with the application, you will be sent an Examiner’s Report (also called an Office Action). If you don’t respond in time or don’t overcome the Examiner’s objections, your application will be considered to have been abandoned.
Publication in Trademarks Journal
Once your application is acceptable, it will be approved by the Examiner for publication in the official Trademarks Journal. This gives anyone who has an objection to the registration of your trademark two (2) months to file a Statement of Opposition. Resolving this can be a long and expensive process. Fortunately, this rarely happens.
Once the Opposition period has passed, you will get a Notice of Allowance. The final documents and payment can then be submitted and the registration will issue.
How Long Does the Process Take?
It normally takes between 12 to 24 months to register a trademark.
Do I Have to Wait For Registration Before I Use My Trademark?