What are the steps involved to register a trademark?
The registration process is initiated by filing a trademark application at the Canadian Intellectual Property Office, including the application fee, a list of the goods and services associated with the trademark, and any other requirements specific to the type of trademark sought to be registered. The Trademarks Act sets out a number of requirements for trademark registration. It is important to ensure that a trademark application complies with the requirements for registration. Otherwise, the resultant trademark registration may be invalid and unenforceable, or the application may be refused.
An examiner evaluates the application by conducting searches for identical or potentially confusing trademarks, and assesses other potential obstacles to registration. If the examiner raises no objections, the application is approved for publication in the Trademarks Journal. For a two-month interval after publication, the application may be opposed by another person. Oppositions, which are relatively uncommon, may for example be based on prior use of a confusing trademark. If no opposition is raised, the trademark will be registered. A registration is valid for 10 years, after which a renewal fee must be paid in order to maintain the registration.
It typically takes 24 to 36 months to “prosecute” an application through all of the stages, assuming that there are no examiner’s objections, no oppositions are filed against the mark, and no extensions of time are requested by the applicant. Prosecution of an application typically consists of responding to any requirements or objections that may be raised by a trademarks examiner.