Our experienced Trademarks Lawyers in Mississauga, comprised of licensed Trademark Agents, have the knowledge, expertise and skill to maximize your trademark protection and fully enforce your trademark rights.
We typically and regularly advise clients on the selection, protection, enforcement and registration of corporation names, brand names, logos and taglines. We also prepare Trademark Licensing Agreements. Our Trademark Lawyers have over 20 years of experience in trademark law in Canada. When you apply for a trademark registration with us as your Trademark Lawyer, we counsel and advise you on the entire process from the application all the way to registration.
What is a Trademark?
A Trademark is a combination of letters, words, sounds or designs that distinguishes one person’s or corporation’s goods/products and/or services from those of others in the Canadian marketplace. Trademarks are key and valuable assets for most businesses. Trademarks help your customers and third parties distinguish your products and services from others in the marketplace as well as associate them with your company and its reputation.
A Trademark is unique. It is important to a person or a company because over time, a Trademark comes to stand not only for the actual goods and services that a person or a corporation sells or provides, but also for that person’s or corporation’s reputation and brand.
A Registered Trademark is one that has been applied for, approved and registered with the Register of Trademarks. Registration is direct evidence to the public that you own the trademark and accordingly, should a dispute arise by a third party over the trademark, the registered owner does not have to prove it owns the trademark thereby putting the onus on the person opposing the ownership of the trademark. While there is no legal obligation to register a trademark due to the fact that the simple usage of a trademark in the marketplace for a certain length of time technically allows one to eventually own the trademark according to common law. The risk of using an unregistered trademark can be costly if the unregistered owner is served with a dispute by another claiming it is the rightful owner of the trademark. This means that the unregistered owner would be required to enter into lengthy and expensive litigation to determine which person has the right to use the trademark.
Why Register A Trademark?
By registering your Trademark using a Trademark Lawyer, you protect it under law from misuse by others, and you gain exclusive rights to use it throughout Canada for 15 years and it can be renewed thereafter. When you register your Trademark using a Trademark Lawyer, you get the sole right to use the mark across Canada.
What Is The Cost To Trademark?
The Cost to Trademark depends on your particular needs. At Marks & Ciraco, Trademarks Lawyers, we can usually complete a basic Trademark Application at a very reasonable fee and provide you with a detailed breakdown of all legal fees, filing fees and search costs related to the Trademark Application. We can usually provide you with a block fee for the Cost Of A Trademark so that you know exactly what your total costs will be from start to finish. If you are interested in retaining our firm to apply for a Trademark on your behalf, kindly contact us for more information.
The Trademark Process:
Our fees cover all aspects of Applying for a Trademark including the following stages that will need to be dealt with the Trademarks’ Office during the Trademark Application process:
- Searching, Preparation and Filing the Trademark Application
Our Trademarks Lawyers can conduct a trademark search in Canada and advise you on whether a particular name, logo or brand name can be used in Canada and provide you with an opinion as to the success of being able to obtain a trademark registration in Canada. This is useful if you have not started using the proposed trademark yet, as conducting a search on the trademark that you propose to use will determine whether you can do so without infringing on a third party’s trademark rights.
Our Trademarks Lawyers will prepare the Trademark Application on your behalf in accordance with the information you provide in relation to the following:
- Name of the owner of the trademark;
- The goods and services with which the trademark has been or will be used; and,
- Date of first use or proposed use of the trademark in Canada in relation to the goods and services.
Once the application is filed and received by the Trademarks Office, we will receive a Filing Notice confirming the details of the application.
- Examination of Your Trademark Application
After filing (usually 3-6 months), an Examiner reviews your application and either approves the application or prepares an examiner’s letter to our office advising if it has any objections to the application. If required, a Trademarks Lawyer in our firm will respond to any objections and prepare a revised Trademark Application and provide the Examiner with any information required in support of the application. If the Examiner accepts the revisions, the application will move to approval.
- Advertisement in the Trademarks Journal
Upon approval of the application by the Examiner, we will be provided with an Approval Notice. After the trademark is approved, the application will be published in the Trademarks Journal wherein third parties can review your trademark and the application. These third parties have two months in which they may oppose the application.
- Allowance and Registration of Your Trademark
If the Trademark Application is not opposed by any third parties the application will be allowed. Once allowed, the Trademarks Office requires a Registration Fee of $200.00 and upon payment the Trademark will be registered.
- Term and Renewal of Your Trademark Registration
A trademark registration in Canada is good for 15 years provided you continue to use your trademark in Canada. After the expiry of 15 years, you can renew your trademark registration by paying a renewal fee, failing which your trademark will be expunged from the Register.
The completion of an Application For Trademark can be extremely complicated as the Trademarks’ Office requires the application and the goods and services contained therein to be clearly described in accordance with its rules and regulations. Our Trademarks Lawyers can assist and guide you through the process to ensure that your trademark is approved and registered.