How to Register a Trademark in Canada

How to Register a Trademark in Canada

So you’ve come up with a fantastic trademark that looks like a good option for your company and passes our initial trademark search. What happens next?

  1. First, of course, you need to place an order with Haloo. Once that happens, we’ll run a comprehensive search for you and provide you 1) a report that analyzes your mark’s chances of successful registration at the CIPO and 2) an expertly crafted application based on your user information. If the comprehensive search results align with your expectations and everything looks accurate in your application, it’s time for the next step!

  2. You file your application yourself at the CIPO with the help of our written instructions. The application website may look confusing, but breathe easy! It’s less complicated than it looks, and we’re here to help! Be sure to have your payment information ready, as you’ll need it at the end of the process to pay for your application filing fees.

  3. After your application is filed at the CIPO, you’ll have to wait a while before you hear about your application’s fate. It’s currently taking the CIPO an average of 22-32 months to perform initial examinations of applications. In the meantime, you may receive a few other messages. · Filing Receipt: Depending on how your contact information is listed on the application, you may receive an emailed filing receipt from ic.cipo_tmec_formalities-opic_cemc_formalites.ic@ised-isde.gc.ca, acknowledging the filing of your application right away. You do not need to respond to this email.If we’re acting as your trademark agent, you may not receive this email, but we’ll let you know when we’ve filed your application.

  4. Ideally, the next correspondence you’ll receive from the CIPO will say something along the lines of “Notice of Approval” (If not, jump ahead to #6 in this article for more information). This means that your trademark application has met all the CIPO’s substantive and administrative standards and is ready to be advertised for opposition in the Trademarks Journal. Advertisement isn’t instantaneous and usually occurs around a month or 2 after an application is approved. During the 2-month opposition period, anyone who feels your trademark registration could infringe on their trademark rights can file an opposition to your trademark application. Oppositions don’t occur that often, but if your mark is opposed, CIPO will let you know by mailing you a letter (or Heirlume as your trademark agent). At that point you can either abandon your application or respond to the opposition at the Trademarks Opposition Board.

  5. A. If your application was filed before June 17, 2019: If no one opposes your mark, CIPO will mail you (or Heirlume as your trademark agent) a Registration Fee Notice letter, providing you with a 6-month period within which to pay a registration fee of $204 CAD. Once the registration fee is paid, your trademark will officially register.

    B. If your application was filed after June 17, 2019: If no one opposes your application, your trademark will register approximately 3 months after the opposition period has ended. CIPO will mail you an official Certificate of Registration.

  6. A. If there are issues with your initial application: CIPO will issue a formal letter called an “Office Action” which outlines these issues. You’ll have 6 months to file a response with the CIPO to try to resolve the issues.

    B. If your response resolves the issues in the application, CIPO will approve your mark for publication (see: #4) or registration (see: #5).

    C. If your response does not resolve the issues with the application, a trademark examiner will issue a further office action. You can file another response try to resolve the issues. If you don’t file a response within the new 6 month period or you don’t resolve the issues within that time, your application could become abandoned.

  7. If you fail to respond to office actions within the 6 month period provided, your application could become abandoned, which would end all processing of the application. Once an application becomes abandoned, it is generally not possible to reinstate it.

Protect your brand with a registered trademark.Get Started