HOW IS THE CANADIAN TRADEMARK APPLICATION PROCESS?
Many times companies and businesses who want to register their trademark in Canada want to know how the Canadian trademark application process and a lot of them need answers. It is not only a frequently asked question but also an essential part of understanding the process and adequately executes their application process. Therefore in this article, we want to explain to you every part of this process so that you can get a better grip and understanding of this subject.
Why is it important to know the Canadian trademark application process?
Like many countries, the trademark registration process in Canada consists of several steps, and it requires to fulfil every step successfully. Each level is essential and allows you to make sure that every step is fulfilled successfully. Other than that, it also ensures that you can improve your chances of registering your trademark in Canada. It will not only help you understand the process entirely but also avoid any circumstances at the same time.
It is also an essential part to save your time as it takes an average of 18 months, money as the registration fee is non-refundable, and energy because if your registration is a decline, you need to repeat the process.
Steps of Canadian trademark application process:
The following are the steps that you need to follow to get a Canadian trademark application.
Formalities of Canadian trademark Registration:
The signing ceremony of the trademark registration is filling the required fields of the application form, the payment of your trademark application fees. Once these two formalities are filled, a date and application number is assigned to you, and your file is open.
After that, your application is entered into the Canadian Trademark Database, and it will be labelled as “formalized.”
Examination of Canadian trademark Registration:
A trademark examiner will view and review the application and also determine the trademark is approved for the trademark Journal advertisement. If there are any issues or doubts about your trademark application, the examiner will tell the applicants about it. You can respond to the examiner, and if you are unable to satisfy the examiner, he will issue a letter stating that your application is refused and the reason why. In case your application is rejected, you will get a right to appeal to the Federal Court of Canada.
Publication of Canadian trademark Registration:
If your trademark application is approved, your trademark will be published in the Trademark Journal. The trademark journal is published every week on the website of CIPO. After the two months of advertisement publication, anyone can oppose your application. In case this happens, the application is paused until the matters are settled.
The opposition of Canadian trademark Registration:
- If your application is opposed after the publication in the Trademark Journal following things can happen:
- You will receive a copy of the opposition to the statement.
- If you want to contest this opposition, you will have two months to file a counter statement.
- The party and you both will have a chance to file evidence and arguments in writing along with the submission for trademark oral hearing.
- In case the opposition is not successful in the case or withdraws the case, your application will be carried forward with registration.
- In case the opposition doesn’t withdraw and successful, your application will be partially or refuse.
Registration of Canadian trademark:
Once your application is approved, you get the certificate of registration, and you can have a registered trademark in Canada. The certificate of registration will be sent usually through the mail.