Applying for a Trademark 1 Talk to a registered trademark agent. Once you can be sure, through a comprehensive trademark search, that a similar mark has not already been registered in Canada, you can then move to file your application. Among other things, a registered trademark owner can sue infringers in national court, and block other people from trying to register a similar trademark in a related field. I pride myself in doing things alone, but became a succubus of energy. You can perform a search through the Canadian Trademarks Database on our website. 36 of 2003. If you do not use it, the registration could be expunged from the Register of Trademarks by the Registrar. Suggestive marks combine an imaginative element with a descriptive element. We transform the long and tedious Canadian trademark registration process to … A trademark is a brand. Free Trademark Search Online in Canada | Trademarks filed by MATTEL, INC. The purpose of a trademark search is to check if the brand you selected is … A real attorney - not a customer service representative - guided me through the entire process, and I didn't feel like a "just a number.". Licensed lawyer works on your case; conducts the in-depth search and evaluation on your mark; Our experienced attorneys and specialists can provide you with the best custom-made solutions no matter whether you're an individual, small business, or large enterprise. The official trademark registration cost in Canada is CAD 250.00 for electronic applications and CAD 300.00 for paper applications. You will not receive a reply. I plan on doing more business with this team! If your international trademark strategy includes Canada, be sure to conduct a search on the Canadian trademark database before you file your application. Fill out a simple questionnaire. You also cannot trademark a slogan if it is an informational sentence, unless it’s closely tied to a specific product or service. She did. Performing a comprehensive trademark search has become imperative for any company or individual wishing to avoid conflicts likely to result in delays and drained resources. and good/service description to best protect your legal rights. Trademark Search in Canada Canadian Trademarks filed by MATTEL, INC. (Total 111 trademarks) A trademark filing process starts with a Trademark Search. The trademark renewal process, which must be repeated every 10 years. Let's Talk ! If your trademark is available, our Canadian attorneys will file and process your trademark registration in Canada. 975 E. Dava Dr, Tempe, AZ 85283 Trademark agents by name or geographic location. Easy 3-Step Online Trademark Filing Process Watch how it works? I’m extremely happy with the service provided and will recommend others who need Trademarks.. Ive been trying to legally register my trademark for about a year now. This trademark search will perform an exact match search and can also include other trademarks that contain the same search terms. The first step to conducting a trademark search in Canada is to look up your proposed trademark name in the Canadian Trademarks Database, which is available online or in-person at the Canadian Intellectual Property Office (CIPO). 1-833-863-5483 (M-F, 9AM-5PM PST) If your mark incorporates a design or logo, you should search for trademarks that might be confusingly similar. Placing an order for copies of trademark documents. In addition, to qualify for trademark protection, your logo or brand name must be associated with specific products or services. How to protect your brand with trademarks. Confirm validity of the proposed trademark. The Canadian Intellectual Property Office, or CIPO, provides a detailed tutorial on their website. Carefully review the guidelines for each code. Ryan helped me trademark the name and logo for my dental practice. What you need to know is what criteria are included in a trademark search both in Canada and abroad. He answered all My question and resolved every issue!! You can trademark a word, phrase, symbol, or combination of the three. Canada Trademark Registration Your trademark registration will be processed in Canada through the following steps: Step 1. I found TrademarkElite on the web and they seemed forthright enough. to the Canadian IP Office (CIPO). Sensational because when my trademark application was processed, and I need additional help, Ryan called my mobile number right away and advised me on what to do next. prepare and file your trademark For the registration, an additional registration fee of CAD 200.00 must be paid prior to the issuance of the certificate of registration. When searching in DPMAregister, please note that you can find trade marks with elements matching those of your intended trade mark, but it is not possible to conduct a similarity search. Registering a trademark can be a … It’s a word, phrase, symbol, or combination of those, that identifies your company as the exclusive provider of your product or service. Last Name. Talk to an Expert close. Trademark law provides protection for distinctive marks, certification marks, distinguishing guises, and proposed marks against those who appropriate the goodwill of the mark or create confusion between different vendors' goods or services. The National Intellectual Property Office of Sri Lanka established under the Intellectual Property Act No 36 of 2003 is mandated with the administration of the intellectual Property System in Sri Lanka. A good practice is to search also for: Similar trademarks Distinct variations as plurals or gender; Translations. Private trademark search firms will conduct searches for a fee. recommends you the appropriate class(es) However, an opposition against the registration of your trade mark may also be filed on the basis of a similar trade mark. For a standard character trademark (word or words), consider searching for alternate spellings, and translations in French. Apply for the Canada Trademark Search CIPO to secure your brand identity Be it mass production or rendering basic services such as even a nail salon, a trademark is a must-have for any business that aims to stay put in the long run. It is possible to deselect any of the automatically displayed offices. A trademark only protects your exclusive right to use the logo or brand name for the products or services listed on your trademark application You cannot reserve or “sandbag” a trademark name or phrase for later use with unidentified products or services. Free global trademark search by text or image InventorCanada – Worldwide Patenting and Marketing for Canadian Inventors “I do not think there is any thrill that can go through the human heart like that felt by the inventor as he sees some creation of the brain unfolding to success.” First Name. A trademark must be unique or distinctive and cannot consist of common or generic terms alone. You can also check the Intellectual Property Office’s online journal to find trade mark applications accepted in the last week. Start online trademark search for free. The step-by-step process to file a new or revised trademark application. Trademark Elite does the rest. Trademark registration is not required in order to sell products or services, and you may develop certain rights under common law from simply selling your products or services. A comprehensive trademark search profits save costly disputes and the chance of losing your rights in the future. Trademark law requires that your trademark must be unique and “distinctive” so that people can instantly recognize your brand. Trademark registration for your mark gives you unique benefits that are not available for common law (unregistered) trademarks. The World #1 Free Trademark Search & Tracking, Easy-to-Use Web Based Platform. Canada Trademark Application Search is all you need to look up to ensure your brand name is unique in your genre. It acts as a deterrent to other people using confusingly similar trademarks. The legal service fee is $339 for the first class and $299 for each additional class; The government fee is $330 for the first class, and $100 for each additional class. and good/service description to best protect your legal rights. Fees for trademark filing, registration, renewal and other services. recommends you the appropriate class(es) Search and study trademarks, including all marks that were cancelled, expunged, abandoned or refused. You may renew your trademark every 10 years thereafter. To start your search, visit our Canadian Trademarks Database. Select a search field using the available dropdown selection. He is a good listener, and he's not like most lawyers who would do most of the talking and use technical terms to confuse their clients. Evaluate the filing of the application and assess the risk of nullity and 3rd party claims. The procedure begins when the Registrar sends a notice to the registered owner asking them to provide evidence showing that the trademark has been used in Canada during the last three years or to prove that there are special circumstances that excuse the fact that the trademark has not been used. One of your responsibilities as the owner of a trademark is to use the trademark in Canada. A “merely descriptive” mark lacks an imaginative element, and is therefore not strong enough to function as a trademark on its own. Register your name, slogan, or logo trademark today. Great communication and support! Limit the search to one or more territories. Trademark application in Canada: Incorp Pro is proud to register trademark for Canada, USA, Europe and Global Market since 2002. place 9848 33 Ave NW, Edmonton local_phone 780-851-2824 Conduct an online trademark search for your trademark registration availability. Video Tutorials Selection of the territories will trigger the automatic selection of the offices related to the territories. Enter your search criteria in the text box. If you use an unregistered trademark, however, it is more likely to be disputed, which may result in a drawn out and expensive legal process to determine who has the right to use a trademark. You may be eligible to for certain benefits on Amazon.com (the Amazon Brand registry) and other online retailers. Your registration lasts for 10 years from the date of registration. It allows you to stop trademark infringement by others. General Trademark Search Criteria. When you register your trademark in Canada, you receive exclusive rights to use that mark in Canada for 10 years. © Copyright 2021 Trademark Elite. Ryan has been great throughout the entire trademarking process. A registration can be owned by an individual (or individuals), partnership, trade union, association, joint venture, or corporation. The USPTO cannot aid in the selection of a search firm or an attorney. The role of the Trademarks Opposition Board and information about opposition and section 45 proceedings. I appreciate the straightforward service. An arbitrary mark, such as “Apple” for a computer brand, is another strong type of trademark that uses a real word or words in an unexpected or unusual way. trademark registration, trademark search, patent & copyright protections, logo design, and more at affordable fees. And they are really nice people too! They would take care of the whole deal for me. What trademarks are, how they can benefit you or your organization, and why registration is important. Canada Full Search. It may be 10 renewed every 10 years thereafter. I've used other filing services in the past, but Trademark Elite's service is worlds apart. The whole process takes approximately 15-18 months. [email protected] For comprehensive results and best-in-class customer service, join with most of the Fortune 100 and perform your trademark searches with Corsearch. I will definitely be using Trademark Elite in the future. Use the resources below to identify the appropriate code for each prominent design element in your mark. Patent and Trademark Resource Center (PTRC) The database contains trade mark applications and registered and refused German national trade marks. He's very straight-forward and doesn't beat around the bush. Registered trademark owners may also be able to block counterfeits of their branded products from being imported Into the country. I was very much impressed by the professional shrewdness and prompt actions of Ryan Bethell. Trademark search is one of the most important and overlooked aspects of a trademark registration process. The listings cover trademarks (active and inactive). You cannot trademark a proper noun, a place name, someone else’s name, or the common term for a product or service. The Registrar could start summary expungement proceedings, after three years beginning on the day on which a trademark is registered, either on their own at any time during the life of the registration, or if another party pays the proper fee and asks them to. After the Registrar has made a final decision to expunge, amend or maintain the registration, the owner or other party can appeal to the Federal Court of Canada. You can conduct free searches for German trade marks in DPMAregister. Frankly, he is a direct, no-nonsense trademark specialist that I recommend to any business without any hesitation. As an example, “The Meatball Bar” would be considered “merely descriptive” of a gastropub that serves meatballs. We provide one-stop service platform for your business needs including If the government deems your trademark to be “merely descriptive,” you will have to prove you’ve been using it in commerce for more than 5 years, or add a substantial logo design. For example, if … Search your proposed trademark for use and registration in Canada with CompuMark confidence. Accessing the trademarks database or registering a combination of words, sounds or designs. It gives you exclusive rights to use the trademark in Canada. It is important that you check if your proposed trademark is not being used in Canada. Just to recap, the purpose of a trademark search is to discover if there are any prior registrations and/or filings that are similar to your own proposed trademark. He actually made a government paperwork process easy and painless! The attorney I worked with was super helpful and walked me through the whole process. The most common way to submit a trademark application in Canada is to file directly with the Canadian Intellectual Property Office. If the owner fails to reply to the Registrar, the trademark is liable to be expunged from the Register of Trademarks. Obtaining an international trademark is an effective way to protect your brand. Prior to filing, it is best practice to conduct a search of existing trademarks to check whether your trademark could be confusingly similar to a mark that is already registered in Canada. Trademarks on Twitter. Famous brands “Xerox” and “Kleenex” are examples of fanciful marks. Before filing the trademark applications, it is highly recommend to conduct a search through the Canadian databases. Trademark Elite is run by highly experienced trademark counsel who provide personalized attention and outstanding client service. If you have trademark experience, you can use free online resources like our Trademark Search engine, or the Trademark Electronic Search System offered to the public by the US Patent and Trademark Office(USPTO) to search for existing marks that are identical to your planned trademark. Feel free to visit or contact us for any question. Select a search field He clearly explained the entire process, and I'm happy to say both of my marks are registered! Intellectual Property Act, No. I highly recommend their services! When I contacted an Attorney there she basically said to relax. Search firms are often listed in the yellow page section of telephone directories under the heading "Trademark Search Services" or "Patent and Trademark Search Services." I dealt with an attorney named Ryan who was friendly, responsive, and helpful. However, in order to know the availability of your trademark before officially filing a new trademark in Canada, it is highly recommended that you should conduct the trademark search. You may want to read the Trademarks Database tutorial to understand how to do an advanced search in the database. Applying for a trademark The step-by-step process to file a new or revised trademark application. Search by territory of protection. To the average consumer, a trademark is an instantly recognized symbol of your brand’s goodwill and reputation for quality. Canadian patents search Search for laid-open applications and patents granted since August 1978 via the Canadian Patent Database. Fantastic service! Whenever possible, a trademark should be followed by the common descriptive name (noun) of the product it modifies. I did nothing and just found out today that my registration certificate should be issued any day now. He is clear and responsive, and I would definitely recommend him to my friends that need trademarks or other legal help with their business. Examples of suggestive marks are “Roach Motel” for a cockroach trap, or “Pizza Heaven” for a restaurant. You will receive a report that identifies all similar existing trademarks to the one you are proposing. Canadian trademark law provides protection to marks by statute under the Trademarks Act and also at common law. * The government fee will be charged when we submit your mark(s) to the Trademark Office, which is usually in the next few business days. To register a trademark in Canada, the name or logo must be filed and approved by the Trademark Office of the Canadian Intellectual Property Office. How to Use the Canadian Trademark Database. It is best to check for different possible versions of the trademark that you want to register. A trademark identifies your company as the exclusive source of your product or service. The search engine on the Canadian Trademarks Database allows you to access all existing applications, registered and non-registered, nationwide. Trademark search in Canada Before investing in a name, brand, logo, slogan, or symbol, it’s advised to carry a precise search to avoid possible trademark infringement. In addition, if you become involved in a dispute about a domain name, having a registered trademark can help you prove ownership. Trademarks search Search and study trademarks, including all marks that were cancelled, expunged, abandoned or refused. Experienced attorneys give legal advice, A search is useful in determining the following: Conflict with existing trademarks. For enquiries, contact us. Possible office actions and opposition proceedings on the name or logo will make the process even longer. It was first established on January 1, 1982 with the same mandate under the provisions of Code of intellectual property Act no 52 of 1979. It shows that you own the rights to your brand. Over time, a trademark becomes more valuable as the reputation of the brand comes to be more well-known, and the brand accumulates goodwill. Luckily, we can help you out. Excellent service from Ryan Bethell! Worth every penny. All rights reserved. Once the Registrar has received the requested evidence, the owner and the other party can send in written arguments and also appear at an oral hearing. Selling, bequeathing or transferring the ownership rights of your trademark. Our Analyst-led Canada Full Search is the gold standard, delivering the accurate, reliable information you need to assess trademark availability with certainty. Trademarks are grouped into categories according to how strong they are: The strongest type of trademark is a “fanciful” mark, which is a made-up word or phrase. A good trademark name includes at least one unique or “distinctive” word, even if it also includes common, descriptive, or generic terms. 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