Below are some answers to some of the frequently asked questions we receive. If you don’t see your question here, feel free to contact us.

A trademark is any word, design, shape, sound or other symbol, or combination of these, that is used by a person or company for the purposing of distinguishing their goods or services from those of others.
No, you do not need a lawyer to trademark, but an experienced trademark lawyer understands trademark laws and regulations, and they will work with you to ensure that your marks are fully protected. An experienced trademark lawyer will navigate the registration process for you and can best ensure that your registration reflects your rights.
The first step in trademarking a name is to determine whether that name is available for your use and registration in Canada. This involves a detailed search of the trademarks register and other databases of unregistered trademarks. Once you have determined that a mark is available, an application for registration is prepared and filed with the Canadian Intellectual Property Office. This application must include a detailed description of the products and/or services that you are selling or intend to sell in association with the trademark. This application is examined by the Canadian Intellectual Property Office to ensure that it complies with Canadian regulations and that the mark itself is registrable under Canadian law. Once the application is approved by the Canadian Intellectual Property Office, it is advertised for third party opposition, and if no oppositions are filed within a prescribed time, it is allowed and will be registered after the payment of a final government fee.
A trademark can be registered by filing an application with the Canadian Intellectual Property Office. The application must include a detailed description of the products and/or services that you are selling or intend to sell in association with the trademark. This application is examined by the Canadian Intellectual Property Office to ensure that it complies with Canadian regulations and that the mark itself is registrable under Canadian law. Once the application is approved by the Canadian Intellectual Property Office, it is advertised for third party opposition, and if no oppositions are filed within a prescribed time, it is allowed and will be registered after the payment of a final government fee.
You should only use the ® symbol once your trademark is registered. Until then, you should use the “TM” symbol next to your trademark on product packaging and on all advertising materials.
It takes approximately 12 to 18 months to obtain a trademark registration in Canada.