Probably one of the most important steps in establishing any business is to build a name brand. But how do you assure your brand name does not get misused or infringed upon? Well, the answer is to trademark your name in Canada. A “trademark” will protect your brand identity and provide exclusive rights for a business name, logo, slogan-even a sound.
In this blog, we will explain how to trademark a name in Canada, the costs involved, timelines, and types of trademarks, as well as some tips on how to protect your brand.
What is a Trademark?
A trademark is one aspect of intellectual property rights, which protects the name, symbol, design, or expression that gives distinction to a particular business or any product. Once registered, it grants its owner in Canada the monopoly right to be the only one who can use it without others doing so.
Why Trademark a Name in Canada?
Trademarking the name comes with several key benefits:
- Exclusive Rights: It gives you a legal exclusivity over your brand name across all of Canada.
- Brand Protection: It prevents others from using a similar name that is likely to confuse customers.
- Asset Value: A trademark adds real value to your business, and can be licensed or sold.
- Legal standing: It makes the enforcement much easier in case of infringement.
How to Trademark a Name in Canada
1. Trademark Search
Before filing a trademark application, it is important to ensure that the name chosen does not conflict with any other registered trademarks already documented with the trademark office. You can check the CIPO database for similar trademarks.
Why is this step important?
- It prevents your application from getting rejected.
- It helps to avoid some of the probable legal disputes.
Get your trademark search report here: Trademark Report
2. Prepare Your Trademark Application
The application to trademark a name in Canada will contain the following information:
- The trademark (name, logo, etc ) that you’d like to register.
- The goods or services associated with your trademark.
- Your contact and business information.
3. Filing an Application with CIPO
You can apply online via the CIPO website. You should review your application to make certain everything flows right and no errors occur that will cause delay. Incorp Pro is here to make this process easier for you. Just visit our website, complete a simple form and we will do the rest:
4. Examination Process
Once an application is filed, it is examined by CIPO to ensure the application meets all of the requirements under Canadian trademark law. This can include:
- Reviewing your trademark for distinctiveness.
- Ensuring it does not conflict with any existing trademarks.
5. Publication in the Trademarks Journal
If your application succeeds at the examination stage, your trademark is published in the Trademarks Journal, which provides an opportunity for other people to oppose your application by forming an opinion that your registered trademark would infringe their rights.
6. Registration
If nobody opposes that, or the opposition is settled in your favor, then your trademark will be registered. You will receive a certificate of registration and you will have exclusive rights to your name in Canada.
How Much Does it Cost to Trademark a Name in Canada?
In Canada, the cost of trademarking the name will depend on the classes of goods and services your trademark covers. Here’s a breakdown of the costs:
Application Fee: $458 CAD: Covers the cost of one class of goods or services.
Additional Classes: $105.26 CAD per additional class.
If you are engaging the services of a trademark agent, their fees in addition to those above will apply.
How Long Does it Take to Trademark a Name in Canada?
It is not certain how long it could take to trademark a name in Canada. It commonly takes as long as 12 to 18 months. Among the things covered within this period of time are:
- Examination by CIPO – 4–6 months.
- Opposition period (2 months).
- Final registration process.
- Complex cases and/or oppositions will extend the time scale further.
Types of Trademarks in Canada
1. Word Mark
It protects a brand name, word, or phrase. Example: “Google.”
2. Design Mark
Covers a logo or design associated with your brand. Example: The Nike swoosh.
3. Combined Mark
Comprises words and designs combined, such as a logo composed of a name. Example: Starbuck’s wordmark and logo.
4. Non-Conventional Trademarks
These also refer to those special sounds, shapes, tastes, or textures that relate to a brand. Example: The MGM lion’s roar.
Learn more about : protecting your brand in Canada.
FAQs About Trademarking a Name in Canada
How Much Does it Cost to Trademark a Name in Canada?
One class costs $458 CAD, and every additional class is $105.26 CAD. The fees will certainly be much higher with a trademark agent.
How long does it take to trademark a name in Canada?
It is supposed to take on average anything from 12 to 18 months from application to registration, depending on the complexity and objections or opposition against the same.
What types of Trademarks Can I register in Canada?
You can register various types, including:
- Word marks are names or slogans.
- Design marks -logos.
- Combined marks: names and logos together.
- Non-traditional trademarks (sounds, shapes, or textures).
What are the Requirements to Trademark a Name in Canada?
- To use or intend to use the name in commerce.
- The name should be unique and not cause confusion with existing trademarks.
- Clearly describe the goods or services associated with the name.
Do I Need to Renew a Trademark in Canada?
Yes, you need to renew a trademark in Canada every 10 years to maintain your rights. Failure to renew will result in the trademark being removed from the registry, making it available for others to register.
How to Renew a Trademark in Canada?
To renew a trademark in Canada, submit a renewal application through the Incorp Pro. Renewal must be completed before the 10-year expiration date to maintain your trademark rights.
Tips for Trademarking a Name in Canada
- Hiring a Trademark Agent: This is not required, but a trademark agent will guide you through the application process and will help you avoid many costly mistakes.
- Monitoring of your trademark: This is done by constantly watching the market for any potential infringements, and protections of your rights.
- Trademark Renewal: Trademarks registered within Canada are valid for a period of 10 years and afterward must be renewed to continue protection of rights.
Conclusion
Trademarking the name is an important step in Canada to protect one’s brand identity and ensure its exclusivity in the market. The whole process may involve some time and finances, but the advantages of securing one’s intellectual property are far very overwhelming than investing in it. From avoiding brand confusion to adding value to your business, a trademark is one of the major assets when it comes to establishing and growing a successful brand. If you’re ready to protect your brand, start the registration process today and ensure your business name remains uniquely yours within the competitive Canadian market. Specialized advice on how to trademark a name in Canada is available from a professional in the field or through the resources at CIPO.