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
The right to sue others for infringement and claim additional
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.
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.
(Search Company Fees)
Full Availability (comprehensive search)
Registry (check of Trade-mark registry)
Design (for a logo)
Combined Design/ Word
$500 - $1,0002
Combined U.S./ Canadian
1 one day turnaround 2 for search and legal opinion
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.
Initial consultation / basic pre-screening
$500 - $1,000
Preparing / Filing Trade-Mark Application
$1,000 - $1,500
Responding to Trade-Marks office / prosecuting Application to
$500 / per office action
Registration and obtain Certificate
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.
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