How your trademark application is processed
The Canadian Intellectual Property Office (CIPO) will process your application according to the steps below. Find out how and when we will let you know about the status of your application, as well as any fees you have to pay.
This is an overview of the process, including the time it generally takes. To read our service commitment to clients, see our application processing times.
If you have specific questions about your application, please use the contact numbers listed below based on the stage of your application. Always mention your application number for quick service.
For general information on trademarks, your application status, and how to file, contact our Client Service Centre.
If your filed application is in good order, complete, and if you have included the correct fee, we will assign a filing date and an application number to your application, and open a file.
We will enter your application in the Canadian Trademarks Database as well as other databases run by outside companies. We will label your application as “Formalized”.
We will send you a formal filing acknowledgement and a proof sheet that lists the information you included in your application. Please read it carefully and tell us immediately if there are any errors or if we have left anything out.
If your application is correct and complete, we will mail the filing acknowledgement and proof sheet to you within seven days of getting your application.
- Will be the same number as on correspondence or 1-866-997-1936
A trademark examiner will review your application and determine if the trademark can be approved for advertisement in the Trade-Marks Journal. If there are any doubts about your application, the examiner will let you know. You will then be able to respond. If your answers still fail to satisfy the examiner, you will get a letter letting you know that your application has been refused and explaining why. If your application is refused, you have the right to appeal to the Federal Court of Canada.
- We will tell you by phone if your application has simple problems that can be fixed verbally.
- We will send you an examiner’s report if the problems are more complex.
- We will send you a formal notice of approval once we approve your application.
- If your application is approved without changes, we should mail you the approval notice within six months.
- If your application has complex problems, we should mail you the examiner’s report within six months.
- Will be the same number as on the examiner’s report or 1-866-997-1936
If we approve your application, we will publish it in one issue of the Trade-Marks Journal, which we publish weekly. Within two months of the advertisement, others can oppose your application. If that happens, we will wait until the matter has been settled before we continue working with your application.
We will not contact you at this stage unless your application is opposed. If this happens, the Trademarks Opposition Board will notify you in writing.
If someone opposes your application after we have published it in the Trade-Marks Journal:
- We will send to you a copy of the statement of opposition.
- If you want to contest the opposition, you will have two months to file a counter statement with us and serve a copy on the opponent.
- You and the party opposing your application will then both have a chance to file evidence and written arguments, as well as make submissions at an oral hearing.
- If the opposition is withdrawn or is not successful, your application will move forward to allowance.
- If the opposition is successful, your application could be totally or partially refused.
You will know that your application has been opposed when the Trademarks Opposition Board sends you a copy of the statement of opposition.
As soon as the statement of opposition has been received and assessed, a copy will be sent to you.
If there is no opposition to your application, or if an opposition has been decided in your favour, your application will be allowed. After that, no further changes will be considered. We will send you a notice of allowance and ask you to pay the registration fee. If your application was based on “proposed use”, you may request an extension of time until you actually use your trademark. There is a fee per extension.
We will send you a notice of allowance. If you do not respond to this in the indicated time, abandonment steps may be taken.
If the application was not opposed, we will mail the notice of allowance to you three months after your application appears in the Trade-Marks Journal.
This is when you send in the registration fee. If your application was based on “proposed use”, you must also send in a declaration stating that the trademark is being used. Your trademark now moves from the “allowed” status and becomes a registered trademark.
We will mail you the official certificate of registration.
The certificate of registration should be mailed between three to four weeks after we receive your payment.
The length of time to register a trademark varies. If you file your application correctly, we approve it without changes, and nobody opposes it, you should receive a notice of allowance 10 to 14 months after filing. After you send in your registration fee and declaration of use (for trademark applications based on “proposed use”), your trademark should be registered about four weeks later.
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