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 trade-mark, 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.
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.
Please note that the process of obtaining registration can be relatively slow, normally between 15-20 months from application to final registration in Canada.
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.