Canadian Trademark 101: What You Need To Know

Every new business owner has a million things to think about.

While it’s easy to ignore, one of the most important things to consider when getting started is the trademark for your service.

Just as the legal process of registering a trademark may seem confusing and complicated.

This article will simplify the process for you and guide you through how to register a trademark in Canada.

Why Getting Trademarks?
You are not required to legally register a trademark in Canada.

So why bother?

Registering a trademark is a proactive move that can avoid many headaches for your business in the future.

Benefits of registering trademarks include:

Exclusive national use
Prevent competitors
Benefits with customs
You can trade a variety of things, including logos, images, holograms, sounds, scents, tastes, and more.

How to Register a Trademark in Canada
Below is a general overview of important steps to register a trademark in Canada. When registering your own trademark, you should always consult a professional trademark service to make sure everything is working properly.

Make sure your trademark is different from others in the market
Complete the trademark application
The online form can be found on the Canadian Intellectual Property Office (CIPO) website
You must include an official image if your trademark includes anything other than words or words.
Pay the archiving fee
Fees may vary, but the current costs for the entire process can be found here
Patiently waiting
After You Submit Your Application
The Government of Canada takes the trademark process very seriously and measures are taken to ensure that your trademark does not conflict with pre-registered trademarks.

First, the thorough search and examination of CIPO records of existing trademarks has been completed.

If no conflicting trademarks are found then your application will be published in the Trade-mark Journal.

If no opposition is voiced within two months of issue, CIPO will approve your request and you will have to pay additional registration fee.

Upon payment, you will receive a registered registration certificate and a registered trademark will be yours.

Retain Your Trademark
At the time of writing of this article, trademarks in Canada may be registered for 15 years.

Over the 15 year period, you must pay an extension fee to save your trademark rights.

Trademark Policy
In addition to updating your trademark, you are also fully responsible for policing your trademark after registration is complete.

If you know of any other individuals or businesses that use your trademark without your permission, you must take legal action to stop it.

It’s important to protect your trademark.

If your business or copycat manages to arrive at the point where your trademark is considered a generic term, you may risk losing your trademark.

This process is known as genericization and is not uncommon.

It happens with brands like Zipper, Kleenex, and Xerox.

It’s up to you to make sure it does not happen to your brand.

Start
Now that you have a better understanding of how to register a trademark in Canada, it’s time to move.

Develop your trademark and start today!