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Ontario|Intellectual PropertyTrademarks 309 What happens in the registration process? Applying to register a trademark is a complicated process. For legal advice and assistance, you should contact a trademark lawyer. The following is an overview of the process. There are six main steps in the application process and it will usually take one to two years to register a trademark. The six steps are Filing the Application, Examination, Advertisement, Opposition, Allowance, and Final Registration.
- Filing the application
First, your application must be filed with the Trademark Office. When the application is received by the Trademark Office they will check it to make sure it is complete. If it is not, they will notify your trademark agent to ask for any missing information. If the application is complete the Trademark Office will issue a filing date and an application number. Your trademark agent should keep a record of this number and refer to it in all correspondence with the Trademark Office. If there is no missing information, your trademark agent should receive the filing receipt within 2 or 3 weeks.
- Examination
When the application is complete, an Examiner will conduct a search to make sure that your proposed trademark will not be confused with anyone else's trademark and that your mark can be registered according to the Trademarks Act. Often the Examiner will find a problem with an application. If this is the case, the Trademark Office will contact your trademark agent and he or she will have a chance to respond to the problems. The Examiner may request a disclaimer at this point. A disclaimer is a statement that a certain part of your trademark is not exclusively yours. It is still possible to use the disclaimed part of your mark, but you will have no rights to it.
If there is a problem with your trademark application and if your response to the problem does not satisfy the Examiner, the application will be refused. Your lawyer can appeal this decision to the Federal Court of Canada. If you fail to respond to the Trademark Office by the required date, it will become abandoned.
- Advertisement
If the Examiner is satisfied with your application, your trademark application will be advertised in the Trademarks Journal. There will be a two month period during which other people can oppose your application. If someone does oppose your application, your lawyer or trademark agent will be notified by mail.
- Allowance and Final Registration
If there is no opposition to the application or if the opposition is unsuccessful, your application will be allowed. To register your trademark, you must pay a final registration fee of $200. Also, if your application was based upon proposed use, you must send in a declaration that you are using your trademark. The Trademark office will send your lawyer or trademark agent a Registration Certificate which shows proof of registration of your trademark in Canada.
Trademark law and the trademark registration process are both very complicated, and for legal advice and assistance, you should contact a trademark lawyer.
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