Filing a trademark protects your intellectual property by guarding your brand name, slogan, logo or unique symbol from being used without your permission. Our experts make it easy for you to complete your trademark filing with the Canadian Intellectual Property Office (CIPO). Just answer a few simple questions and we'll handle the rest.
Creating a unique brand is difficult. That's why its so important that you protect your intellectual property against misuse and imitation by filing a trademark. A trademark can protect any slogan, symbol or design associated with your business, and provides you with the legal protection and authority should infringement occur. By registering your mark with the Canadian Intellectual Property Office, you can ensure that you and only you control the use of your mark in all of Canada. If you are looking to file your trademark in the US, you will instead file with the United States Patent and Trademark Office and will be protected in all 50 states.
While a trademark is used to protect brand identity, a copyright instead protects original work such as literary, dramatic, musical and artistic arts. This includes protection for novels, movies, songs or computer software. Generally, a copyright lasts for the lifetime of the original author / creator + 70 years while a trademark is effective perpetually, although there are exceptions. You can view our chart below to get a good sense of whether you should file a copyright or a trademark.
To register a trademark in Canada, you will first need to file an application along with a $250 fee and a copy of your mark to the CPTO. A trademark examiner will then review your mark to ensure that it is in fact unique and acceptable for registration. This includes determining whether or not your mark is to similar to an existing registration, and that it meets their predetermined guidelines. If for some reason an examiner finds that your mark is not valid for registration, you may need to resubmit your application. If not, your trademark application will move on to the next step of being published publicly in the Trademark Journal. This provides an opportunity for anyone who wishes to file an opposition to your mark to do so, if they find that your mark could possible conflict with theirs. If there are no objections made, you will receive a notice of allowance, which allows you to proceed to the final step of completing the registration of your mark.
Registering business name, often referred to as a "trade name" is used to represent your business. While registering your business name does provide some protections, such as preventing another business from registering a business with the same name. However, a trademark is used in connection with a product or service, which may, or may not, be the same as an entity's business name. A business name can only be trademarked if it is used to identify a product or service in commerce. In such cases, trademarking the name provides far greater protections than just registering the business name.
What is the difference between a trademark and a copyright?
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The "™" notice can be placed on products anytime, up and until the mark is registered and shows that the trademark is protected under the common law. The ® notice can only be place on a product after the mark is fully registered, and demonstrates that the trademark is protected. This added layer of protection typically gives the owner access to the courts and additional remedies for infringement violations.
When you register with the Canadian Intellectual Property Office, the entire process can take anywhere between ten and eighteen months depending on the variables involved. If you choose to file your trademark in the US with the USPTO, the timing will be similar. Always keep in mind that the timing varies depending on the circumstances of your filing, for this reason it is a good idea to register as soon as possible.
A common ground for refusal is likelihood of confusion between the applicant's mark and a registered mark. Marks which are merely descriptive in relation to the applicant's goods or services, or a feature of the goods or services, may also be refused. Marks consisting of geographic terms or surnames may also be refused. Marks may be refused for other reasons as well.
