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Using an unregistered mark, confers only limited rights and
protections on the user/owner. Registration provides enhanced
rights and advantages, including:
Proof of ownership
Exclusive use across Canada for up to 15 years (subject to
renewals)
The right to sue others for infringement and claim additional
damages
The right to claim priority and to apply for registration in
the U.S., and many other countries, for up to 6 months.
The cost and procedures related to applications for trade-mark
registration in Canada are set out below.
1. Searches
Prior to investing time and money in developing a new brand or
trademark, and before using a mark in business or making
application to register, it is prudent to undertake searches and to
have the searches reviewed by counsel. There are different levels
and types of searches which may be appropriate, depending on the
circumstances. Clients may also request a written opinion.
Fees
Disbursements1(Search
Company Fees)
Full Availability (comprehensive search)
$500 – 1,0002
$485
Registry (check of Trademark registry)
$400
$210
Design (for a logo)
$500
$225
Combined Design/ Word
$500 - $1,0002
$585
Combined U.S./ Canadian
$1,000 - $1,5002
$1,100
2. Applications
The following approximate fees apply for a single,
straightforward trade-mark application in Canada. In the event of
unanticipated complications, additional fees would be payable,
based on the amount of time required to deal with the issues.
Fees
Disbursements (Government fees)
Initial consultation / basic pre-screening
$500 - $1,000
Preparing / Filing Trade- Mark Application
$1,000 - $1,500
$250
Responding to Trade- Marks office / prosecuting Application to
conclusion
$500 / per office action
Registration and obtain Certificate
$250
$200
Please note that the process of obtaining registration can be
relatively slow, normally between 15-20 months from application to
final registration in Canada.
Footnotes
1one day turnaround
2for search and legal
opinion
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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