A trademark should be registered to protect a brand name, logo, or slogan. Registering your trademark provides rights across Canada, and is the best way to protect your reputation in a trademark. The registration process includes a) registrability searching, b) filing, c) examination, d) opposition, e) maintenance, and f) enforcing your registration. Trademark registration is a separate process from business registration, which does not provide trademark rights.
We recommend that some level of searching be carried out before a mark is registered or used. We provide different levels of trademark searches, from basic to advanced. Our search reports include a legal opinion on whether the mark is registrable and available for use. Our opinions are based in part upon the current legal standard of confusion between marks.
Filing is a relatively simple task that can be done on the same day instructions are received. Our firm is experienced in traversing and avoiding the numerous pitfalls in the process. An application filed in one country may define a priority date for an application filed elsewhere within six months of the first filing. We work with businesses to develop an effective filing strategy, and we file Canadian trademark applications ourselves. We also use a network of associates to file in the US and other foreign countries.
During examination the trademark office may make objections to the mark, to which we have a chance to respond. Once the mark is approved, it is advertised and interested parties may oppose the registration, perhaps on the basis that they have used a similar mark before. If the application survives examination and advertisement for opposition, the application will issue on payment of the issue fee and filing a declaration of use if the application was based on proposed use. During examination and opposition we work with you to develop an effective strategy to overcome objections. We then execute the chosen strategy through persuasive written and oral advocacy before the trademark office, and the opposition board if necessary.
The trademark office periodically requires fees to be paid to keep the registration in force. We track and pay such fees on your behalf.
Ultimately, it is up to the trademark owner to enforce his or her trademark rights through the use of the courts. We provide analysis and representation for trademark owners, as well as defendants who have had trademark rights asserted against them. Example analyses include infringement, validity, and risk analyses.
Trademark Searching
Trademark Filing
Examination and Opposition
Maintenance
Trademark Enforcement and Defence