Caroline Guy and Johanne Muzzo are trade-mark agents authorized by the Canadian Intellectual Property Office. They have produced hundreds of applications. Doing business with a competent trade-mark agent can save you a lot of trouble, because there are some common mistakes that can jeopardize an application for registration. These mistakes can include things like filing an application for a bilingual trade-mark that will only be used in French, incompletely reciting wares and services, or using an erroneous date of first use.

The registration process of a trade-mark in Canada usually takes more than one year. First, the mark must be verified by an Examiner from the Trade-mark Office. He/she will determine whether the mark is confusingly similar to previous trade-mark applications. He/she will also ensure that the mark complies with the other requirements of the Canadian Trade-marks Act. The Examiner may refuse a mark which is composed mainly of a surname, which is clearly descriptive of the goods or services or which resembles an official mark. If the trade-mark is accepted, it is published in the Trade-marks Journal. Third parties have two months to object to the registration. If no opposition is filed or the opposition is withdrawn, the registration fee must be paid and in some cases, a statement to the effect that the mark is used must be produced to obtain the certificate of registration. Registration is valid for 15 years and is renewable indefinitely.

 

The registration of a trade-mark in Canada has several advantages including:

- It gives you exclusive rights to use the mark in Canada for a period of 15 years and is renewable indefinitely as long as the mark is used.

- It provides proof of ownership, which protects your rights in case of litigation.

- Later applications that are identical or similar to your registered trade-mark should be blocked by the Registrar, if they are deemed likely to cause confusion.

- It allows you to sue for infringement.

- It confirms that your trade-mark appears in the trade-mark register which is frequently consulted before the adoption of a mark.

 

Enjoy the benefits of a registered trade-mark. Please contact us for a quotation.