IP roadmap – Your path to trademark registration

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1 – Filing (applicant)

Fee:

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

A complete application must include:

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 report explaining why.

7 – Advertisement (CIPO)

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

This will give others the opportunity to oppose your application.

Opposition

Fee to oppose an application: $750

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 – Allowance (CIPO)

If there is no opposition to your application, or if an opposition is rejected, your application will be allowed.

9 – Notice of allowance (CIPO)

Registration fee: $200

CIPO will send you a notice of allowance and ask you to pay the registration fee.

If your application was based on intended use, you must also send in a declaration stating that use of the trademark has commenced.

Need more time?

Fee: $125

If your application was based on "proposed use", you may request an extension of time to file a declaration of use.

10 – Registration (applicant)

Once your registration fee has been paid, and you have filed the declaration of use, if required, your trademark will become registered.

11 – Certificate of registration is issued (CIPO)

When the registration process is completed, CIPO will issue you the official certificate of registration.

12 – Renewal (applicant)

Fee:

To maintain your registration, you will have to pay a renewal fee every 15 years.

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