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Why You Need a Lawyer When Registering a Trademark in Canada

Why You Need a Lawyer When Registering a Trademark in Canada

Registering a trademark is an important step in protecting a company's brand. A trademark can speak volumes about the company it represents. While the process of registering a trademark isn’t mandatory, there are numerous advantages. If you’re planning on applying for trademark registration in Canada, hiring a Registered Trademark Agent can be invaluable. Here are a few reasons you should bring in a professional to help you file your trademark registration.

Trademark Searches and Applications Are Technical

Trademark registration isn’t exactly a walk in the park. It’s a process that can be too technical for many business owners, which is why having a registered agent to assist you can make it less of a burden. A trademark agent can provide insight into what search results actually mean and the potential likelihood that your trademark will register. Making a mistake during the drafting process can be costly and time consuming. A registered trademark agent can help draft an appropriate application to fit your needs.

It is important that the information in a trademark application is accurate and it is your job to provide with to your trademark agent. This information includes who the owner of the trademark is, what the trademark is and what goods and services should be included in the application. Providing that information is the easy part. Determining how to describe the goods and services and what aspects of your trademarks should be filed can be more challenging. Should you file an application for the name of your company? The logo? The slogan? Should it be in colour or black and white? A registered trademark agent can help you create a game plan that it best for you and your brand.

The Application Process May Require Professional Insight

From the beginning, an agent can assess the risks associated with your trademark based on the trademark search results. They can help determine whether a trademark is likely to be opposed and what your chances are of overcoming an opposition should it arise. Your agent can offer you professional advice on the naming and filing process. This gives you a better chance at successful registration without encountering major issues.

Trademark Registration Takes a Long Time to Complete

The registration process itself for trademarks isn’t something you can complete in a day or even a couple of days. A registered trademark can complete the paperwork for filing in a timely manner and can generally accomplish it in a shorter time frame than you could yourself. After filing the application, the waiting game begins. It is not uncommon for the trademark process in Canada to take more than 3 years to complete, with the majority of the time spent waiting for the application to be reviewed by an Examiner. If complications in the process arise, it can take even longer to obtain a registration or, worse, your application may be rejected.

Responding to CIPO Requests Is Easier with a Agent

Once you’ve submitted your application, you may be contacted by CIPO for various reasons, one of which is when the examiner assigned to your application has some questions. Some of these questions are easy to answer as they are merely just verifying some details you’ve mentioned in your application. Other questions and clarifications may be a little tricky, which your agent can advise you on when responding to the examiner.

Conclusion

Gaining trademark protection through registration isn’t as straightforward as you might think. Hiring a registered trademark agent can help you through all the hoops and avoid complications in your application.

If you are looking for assistance in filing a trademark application or going through the process, contact us today to schedule a consultation.

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