- within Insurance, Insolvency/Bankruptcy/Re-Structuring and International Law topic(s)
- with readers working within the Property industries
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.
|
Fees |
Disbursements1 |
|
| Full Availability (comprehensive search) |
$500 – 1,0002 |
$485 |
| Registry (check of Trade-mark 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 |
1 one day turnaround
2 for search and legal 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.
|
Fees |
Disbursements |
|
| 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.
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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