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IP roadmap – Your path to trademark registration

From: Canadian Intellectual Property Office

1 – Filing (applicant)

You can start the application process by filing your application with the Canadian Intellectual Property Office (CIPO) online, by mail or by fax.

A complete application must include the following:

2 – Filing date issued (CIPO)

If everything is in order with your application, CIPO assigns a filing date and an application number.

Your application will be entered into the Canadian Trademarks Database.

3 – Examination: checking for registrability (CIPO)

A trademark examiner will review your application to make sure that your trademark is registrable.

4 – Examiner's report (CIPO)

If there are any issues with your application, such as confusion with an existing trademark, the examiner will let you know in their report.

5 – Response (applicant)

You will have the opportunity to respond to any of the examiner's concerns.

6a – Approval (CIPO)

If your application is approved, CIPO will send you a formal notice of approval to let you know.

or

6b – Refusal (CIPO)

If your application is refused, CIPO will send you a report explaining why.

7 – Advertisement (CIPO)

If CIPO approves your application, it will be published in the Trade-marks Journal on CIPO's website.

This will give others the opportunity to oppose your application.

Opposition

If someone opposes your application, the Trademarks Opposition Board will let you know and you will receive a copy of the statement of opposition.

You and the party opposing your application will then have a chance to file evidence and written arguments.

8 – Registration (CIPO)

If there is no opposition to your application, or if an opposition is rejected, your application will proceed to registration.

CIPO will send you a certificate of registration and enter the trademark in the Register of Trademarks.

9 – Renewal (applicant)

To maintain your registration, you will have to pay a renewal fee every 10 years.

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