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Trademark applications

When you want to officially register the logo of your company then you will have to file a trademark application.

Trademark applications can include protections for words, sounds or designs and/or a combination thereof. The point is to differentiate a company from all others by using unique words, sounds or designs for its logos.

Do I need a trademark application?

Some people don’t register their trademark and if they have used it long enough and it has become identified with their brand then their business may be recognized as owning that trademark. But what if the trademark is challenged and another business has actually officially registered that or a very similar trademark? The business that didn’t register the trademark may just be out of luck because registration of a trademark is direct evidence that one owns the trademark.

To guarantee the trademark is yours and yours alone a trademark registration should be obtained and that can only be done by filing a trademark application with the Canadian Intellectual Property Office.

What should one do before filing an application?

The trademark process is a complex one and if one wants to register a trademark there are a few things they should do before getting the application ready for submission.

There are a lot of resources issued by the Canadian government explaining what a trademark is and how it operates, the application process and registration. It’s often a good idea to review all that material before filing the application.

The Canadian Intellectual Property Office (CIPO) also has a Goods and Services Manual that should be reviewed as it helps you in accumulating your list or services required to file a Canadian trademark application.

Another important aspect of preparing to file an application is doing a search before completing the application.

The search should be done on whether existing trademarks exist that are similar or identical to the trademark that you are proposing. There is no obligation to conduct this search but it may save grief later as the Trademark office will conduct their own search and may reject your trademark if it is too similar to another trademark.

A search can be done through the Canadian Trademarks Database.

How is an application filed?

You have to file your application with the Canadian Intellectual Property Office. You can either submit it online or you can send the finished application to their address.

A trademark application has to have the following elements:

  • The name and address of the applicant;
  • A representation of the trademark (for example, a drawing), unless the trademark is just a word or words;
  • The goods or services that the trademark will be or has been used for;
  • Either a statement of your intention to use the trademark or the date of when you first used the trademark in Canada;
  • The application fee.

CIPO will not help you with writing the application nor will it help do a search or give advice whether the trademark can be registered. Applying for a trademark is a very complex process that involves some knowledge about trademark law. It is often a good idea to hire a trademark agent or trademark lawyer to help guide you through the process.

Read more:

Filing a new or revised trademark application

A guide to trademarks