2017-07-19
Intellectual property, like a trademark, is a valuable asset that needs protection. A trademark could be anything from a brand name to a certification mark or a shape of the product that differentiates you or your goods and services from your competitors. Considering a trademark offers you a competitive edge, registration is a must to safeguard it from infringement. Typically, people perceive the process to be as simple as filing an application, paying a fee, and getting the trademark registered. But, the trademark registration process can be complex, especially if it is your first time. Right from application to formalization, the process requires you to pass several stages. Let us have a look –
Filing the Application
Preparing and filing the application is the first step to trademark registration. Make sure to do a thorough search and follow CIPO’s guidelines while preparing the application. Working alongside a trademark agent would be beneficial at this stage. You can file your application along with a fee online or at the trademark registrar’s office. Once filed, the staff reviews it and, if required, asks for more information. On completion of this procedure, you will be assigned a filing date and an application number. Your application will also be put up on the Canadian Trademarks Database and you will be issued with a formal filing acknowledgment.
Examination
Here the trademark examiner reviews your application to ensure that the description of your goods and services associated with the trademark is specific and accurate. The examiner will also check for any same or similar trademarks previously registered or existent. Furthermore, the application will be reviewed to ensure compliance with the Trade-marks Act will be conducted. In the case of any doubts, the examiner will issue an Examiner’s Report, to which you must respond. Once the objections raised are overcome, the application proceeds to the next stage.
Advertisement
After passing the examination stage your trademark will be advertised in the Trade-marks Journal. Any third party can oppose your trademark application. The motive behind advertising a proposed trademark is to ensure the uniqueness of your trademark.
Opposition
Once the trademark application is published anyone is free to oppose it within two months from the advertising date. If there is an opposition, it is advisable to connect with a trademark agent since the procedure can be long and complex. If there is no opposition, your trademark passes on to the final stage.
Allowance and Registration
If there is no opposition or you are successful in the opposition, the trademark registrar allows your application. You will be issued a notice of allowance and will be asked to pay the registration fee. For an application based on proposed use, you will have to provide a declaration of use that states that you have started using your trademark in Canada. If you haven’t started using it, then you may ask for more time until you actually use it. Finally, after paying the registration fee and providing your declaration of use if required, you will obtain a certificate of registration.
The trademark registration process can take a year or more. A strong application has a high chance of quickly proceeding through to registration. It is recommended to obtain the services of a trademark agent to avoid legal complexities and successfully register your trademark.
