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TRADEMARK
REGISTRATION
Did
you know that the only way to protect your business identity and intellectual
property in Canada is to register a trademark?
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This is what the federal government has to
say
about protecting your corporate name.
(The same would apply to any business name)
1.
“The granting of names under the Canada Business Corporations
Act does not protect you from earlier or subsequent
trade-marks of other parties.”
2.
“You may wish to conduct your own NUANS searches on a periodic
basis after your name has been approved. This would be done in order
to ensure, to your own satisfaction, that
no confusing corporate or business name has subsequently been approved
in the jurisdiction(s) in which you are carrying on business, and
to give you up to date information about trade-marks that have been
applied for or registered subsequent to the granting of your corporate
name.”
3.
“Using a corporate name which is similar to a registered
trade-mark may result in liability for infringement of the registered
trade-mark even if the trade-mark was registered after the corporate
name was granted. This is so because, under trade-marks
law, the holder of a corporate name bears the responsibility of
ensuring that no new trade-marks are registered which are confusing
with that name.”
4.
“Registration of a trade-mark is the best way to obtain
the exclusive right to use the mark in all of Canada in
association with the products and services for which the registration
is obtained. While the Trade-Marks Office can provide basic guidance,
it is recommended that a specialist be consulted.” |
Yes,
it is a fact.
Anyone in Canada can apply and register a trademark that may force you
to change your corporate or business name. Think of the potential costs
you may incur. Such costs like legal fees, changes to your marketing material,
even simply changing your stationary, all cost money. What about a major
inconvenience and loss of name recognition? Trademark infringement could
be devastating for a small business.
If
your business name, slogan, website, name of a product or service you
provide is valuable to you, you must protect it. Simply placing a (™)
mark beside the name offers you zero protection. You must have a registered
trademark and use the (®) mark.
A
one-time registration offers you 15 years of protection and you can always
renew your registration for an additional term.
If
you choose to protect your interest and register a trademark, we would
like to help. A standard registration requires between 12 and 18 months
to complete, however you get priority protection from the first day of
filing your application. A standard trademark application filing is available
for only $249 plus government fees. Our job will be to prepare and file
the necessary documents with the federal government on your behalf. We
also offer a professional trademark filing package for $395 plus government
fees. This package includes a detailed review of trademark coverage and
if required, a personal consultation with our trademark specialist.
Orders
can be easily placed online, by fax or mail.
We
are always available to provide you with additional information or assist
you with registration. Please contact us at 416-226-2921 or toll free
at 1-877-226-2921 if you require assistance.
Register
a trademark to protect your:
 Business Name
Website Name - domain
name
Logo
Name of your product
or service
Company Slogan
The
process starts with a Trademark Search. The cost is $39.95 plus GST.
You will receive a report that identifies all similar existing trademarks
to the one
you are proposing. This report will assist you in making a decision to
proceed
with registration or make amendments to the proposed trademark.
To
order a Trademark
Report click
here.
If
the proposed trademark is not used by anyone else, you can proceed with
filing your trademark application.
Business
Development Centre provides complete
Trademark filing services.
Our fees start from only $99* plus taxes and government fees.
The
registration process takes approximately from 12 to 18 months and in many
cases includes numerous amendments and correspondence with the Office
of Canadian Intellectual Property. As such it is wise to select a package
that matches your skill level and budget. Please note that only Professional
Package includes follow up support and up to 3 formal replies to inquiries
from the Trademark Examiner.
Please
note that Business Development Centre cannot provide you with legal advice
or representation and will not be acting as your attorney or trademark
agent. If you require legal advice, you have to speak to a lawyer.
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Order
your free guide to Trademarks
to learn
more about protecting your Intellectual Property. The guide will
arrive via e-mail in several chapters. You should receive the
first chapter shortly. This guide will allow you to have a better
understanding of trademark registration process.
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| Privacy
Policy: Business Development Centre does not sell, rent or disclose
names or information to any third party. We protect all records
in accordance with strict requirements imposed by the Canadian
government. |
OUR
PACKAGES FOR TRADEMARK FILING
Basic
Package
Trademark Filing |
Standard
Package
Trademark Filing |
Professional
Package
Trademark Filing |
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$
99.00* |
$249.00* |
$
395.00* |
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This
package includes: |
This
package includes: |
This
package includes: |
| Our
Filing Fee |
$99.00 |
 |
Our
Filing Fee |
$249.00 |
|
Our
Filing Fee |
$395.00 |
| Basic
Trademark Search |
$39.95 |
Basic
Trademark Search |
$39.95 |
Detailed
Trademark Search |
$120.00 |
Preparation
of the Trademark Application
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Included |
Analysis
of the Trademark Search |
Included |
Analysis
of the Trademark Search |
Included |
| Filing
of the Trademark Application |
Included |
Review
Trademark Availability |
Included |
Review
Trademark Availability |
Included |
| Government
Filing Fee: |
$250.00 |
Review
of Wares
and Services
|
Included |
Review
of Wares
and Services |
Included |
| Final
Report |
$15.00 |
Recommendations
by Trademark Specialist |
Included |
Recommendations
by Trademark Specialist |
Included |
| Taxes
(GST)
|
$7.70 |
Preparation
of the Trademark Application |
Included |
Preparation
of the Trademark Application
|
Included |
| Total |
$411.65 |
Filing
of the
Trademark
Application |
Included |
Filing
of the Trademark Application |
Included |
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Government
Filing Fee: |
$250.00 |
Government
Filing Fee: |
$250.00 |
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Final
Report |
$15.00 |
Final
Report |
$15.00 |
This
package is available online only |
Taxes
(GST)
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$15.20 |
Follow
up with the Examiner. Maximum of 3 letters |
$175.00 |
| Total |
$569.15 |
Taxes
(GST)
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$35.25 |
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Total |
$990.25 |
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| This
is a very basic Trademark filing package.
We
will conduct a basic trademark search.
Check
availability of the trademark.
Prepare
and file your trademark application based on the information you
provide.
Provide
final report.
The
only advantage of this package is the minimal cost, but it comes
with a disadvantage of not having comprehensive coverage.
You
should use this basic package only if you absolutely, positively
cannot afford to pay more for protecting your intellectual property
or you know exactly how to prepare the statement of Wares and Services
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This
is a standard Trademark filing package.
With this package, we will review availability of your trademark.
Make
suggestions on improving the coverage of the trademark.
Check
for compliance.
Provide
final report.
This
package automatically includes recommendations on improving the
coverage of your trademark. However, this package does not include
any follow up support or correspondence with the examiner. You can
always add them at a later time at an hourly rate.
You
should use this package if you are familiar with the trademark registration
process and require minimal assistance |
This
is a Professional Trademark filing package
With this package, we will review availability of your trademark.
Make
suggestions on improving the coverage
of the trademark.
Check
for compliance.
Submit
for your approval proposed text for Wares and Services.
Provide
final report.
If
required, a consultation is available free of charge.
The
main advantage of this package is the automatically included recommendations,
follow up support and up to 3 formal replies to inquiries from the
Trademark Office.
You should use this package if you choose to protect your intellectual
property to the fullest extent.
You
do not need to be familiar with the Trademark process, as you will
be guided by a trademark specialist. |
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| Upon
approval of your trademark application, you will be required to pay
an additional government fee. |
| At
the present time the Federal Government Registration Fee is
$200.00 |
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Please note that in some cases additional work may be required. We
would always provide you with an estimate up front. |
CHOOSING
A WORD/PHRASE TRADEMARK
There are some basic points to consider when choosing a word/phrase trademark.
Could your trademark be considered "clearly descriptive"?
The name cannot be clearly descriptive of the product or service with
which the trademark is to be associated. For instance, you would not be
able to register a word/phrase trademark such as "THE PRINT SHOP"
or "DIVORCE COUNSELLING CENTRE". If you add a distinctive element
to the name, it may be eligible for registration, provided that it does
not conflict with any previously registered trademarks. For instance "ED'S
PRINT SHOP" or "ED'S DIVORCE COUNSELLING CENTRE" may be
registered as long as there are no confusingly similar marks in the database.
*Using 'CANADIAN' or 'CANADA' as the only distinctive part of your name
will normally result in a clearly descriptive decision. For instance,
CANADIAN GOLF ACCESSORIES would almost certainly be rejected by an examiner
on this basis. The examiner would argue that the trademark clearly describes
golf accessories that originate in Canada. It is also preferable to avoid
using province names in this way as there is a possibility for a similar
argument from your examiner. City names, and region names (I.E. OKANOGAN,
PEEL, etc.) are normally alright, though it will be expected that the
products or services associated with the trademark originate in that city
or region.
It is also not permitted to register a trademark that is deceptively misdescriptive.
For example, ABC CLEANING SERVICES filed in association with a candy company
could be considered deceptively misdescriptive.
Is your proposed trademark unique?
The more creative or unique the distinctive element of your name, the
better your chances are of avoiding conflict and the stronger your trademark
will be.
1) An invented word such as "XEROX" or "KLEENEX" is
the best type of trademark. Since nobody has used this name before you,
not only will there be a stronger association between the trademark and
your company, but you are less likely to face any conflict or opposition
during the application process.
2) A word used fancifully, for instance, "PHOENIX AUTOBODY",
is the next best. It is not completely made up, but nobody else is using
it in the same way that you are.
3) A combination of two existing words, I.E., "HELITOURS" or
"MEDICLEAN", may still be acceptable as the distinctive element
for your name, but could still be judged "clearly descriptive"
if it is too obvious.
4) The weakest kind of trademarks that are potentially acceptable are
descriptive, but not specifically descriptive, of the wares and services
to be covered. An example of this is "QUICK MELT" as a trademark
for rock salt. Again, you need to be very careful that your mark is not
"clearly descriptive".
How will you be using the name?
Please note that it is also possible to file a trademark for just the
unique element of your name. It is not mandatory to have a descriptive
element. This would give you a little more freedom with how you use the
mark, but can be more difficult to register in some cases.
LOGO
TRADEMARKS
Logo trademarks are examined based on their artistic elements, and the
layout of the image. When your mark is under examination, it will be compared
to other existing logos from both registered trademarks and trademark
applications. If there are too many artistic similarities to an existing
mark with comparable wares and services, you may not be able to register
your logo without some revisions.
It is possible to have text in your logo trademark, but that text will
not be explicitly protected and could result in a conflict if that text
is trademarked in association with similar wares and services. For protecting
text you need a word/phrase trademark.
Do not include the trademark symbol, "TM" or registered
trademark symbol, ® in your logo. These are not permitted.
Logo Requirements:
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Greyscale, 16 Shades of Grey (Black and White)
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Image file should end in .TIF or .TIFF (This refers to the type, or
format, of the image file.)
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File size should be less than 1 MB
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Image density should be set at 300 DPI
The
image resolution does not matter. As long as the file meets the above
requirements, it should be fine.
Don't know
how to change the format of your logo?
If you are unable to reformat your logo to meet these specifications,
we can have it done for you, but a service fee of $35.00 + GST ($36.75)
applies. You may provide a file in .BMP, .JPG, .TIF/.TIFF, DOC or .PDF
format. There are some other file types that we can support but please
ask before sending any type not listed.
After placing
an order for a logo trademark, please email a copy of the logo to info@bdc-canada.com.
TRADEMARK
PROCESS
Preparation and Filing
During this preparation stage we do a search to determine if there are
any conflicts, and prepare a draft of the application for your review.
We only file the application after we receive a signed copy of that approval
form, confirming that you agree with the content of your application.
Our regular service speed for all packages is 5-7 business days from receipt
your order and payment, to filing. After the application is filed your
proposed trademark will appear in the Canadian Intellectual Property Office
(CIPO) trademarks database. There are rush service options available to
shorten the filing time by having your order prioritized.
Examination
After filing, your trademark will be assigned to a CIPO trademark examiner.
He or she will issue a report, usually 6-8 months after filing. This report
will contain either an approval notice, or information about why your
mark may not be registrable, instructions about how to correct the issue,
and a deadline by which you must respond. If you resolve all issues mentioned
in an examiners report, you will be sent an approval notice. The Professional
Package includes letters to your examiner and revised applications when
necessary. Most problems are easily corrected, though it is possible for
a mark to be unregistrable if there is a major conflict with another trademark
or if the mark is in violation of the Trade-marks Act.
Publication
After a mark has been approved by the examiner, it is published in the
trademarks journal. At this stage it is possible for other trademark holders
to oppose your proposed mark if they feel that your trademark is too similar
to their own. You would typically use the services of a trademark lawyer
or trademark agent to deal with opposition. This is the only type of support
that is not included in our Professional Package.
Allowance and registration
If your trademark runs in the trademarks journal without being opposed,
your examiner will send an allowance notice. You would then pay the $200
registration fee directly to CIPO and your mark would be registered for
15 years before coming up for renewal. Allowance typically occurs anywhere
from 12-18 months after filing. At the time of registration, you will
be asked to provide a date of first use for any wares and services that
were initially filed as proposed uses. If you have proposed wares and
services that are not yet applicable, but you do not want to remove them
from your application, it is possible to request a time extension.
ORDER YOUR TRADEMARK REGISTRATION ONLINE
or VISIT OUR OFFICE.
If you require additional information please click
here.
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