Refile an Abandoned Trademark in Canada & Protect Your Brand

After you submit your application, our legal team does the case review and availability search for your trademark application. If we require any additional information from you, we will contact you either by phone or email. The application is usually ready within 1-2 business days after which it is filed. Sometimes, the process can take longer if there are delays getting responses from clients or if there are further clarifications required.

It takes around 6-9 months for the CIPO to issue the registration certificate after the filing date, if there are no legal issues with the application.

Typically, you will have to pay legal preparation and federal filing fees to register your trademark. At Canada Trademark Pro, the legal preparation fee for a US trademark starts at $35 plus the federal filing fee of $350 per classification. During the examining phase of your application by the government, if there are any legal challenges by the government or a third party due to potentially confusingly similar trademarks, you will have to pay an additional fee for the office action response if you wish for an attorney to draft a response on your behalf. The cost can range from $999 to $1,999 depending on the complexity of the issue.

Oftentimes no. However, if the other mark is linked to different products or services, it might be possible because there would be fewer chance of confusion between existing and potential customers.

For example, Domino Sugar and Domino Pizza coexist because they both sell different products to prevent confusion between consumers.

Yes.

The CIPO allows one trademark per application. That means one trademark application can only register either a name, a logo or a slogan. A logo trademark application can include text, but then the design and the text together are considered one trademark. You would have to file two applications if you want them protected individually.

You can start the registration process, but the CIPO will not officially register your trademark until you can show a proof of use of the mark in commerce. Some people get on with their business to see if it’s viable before registering the trademark while others begin the registration process to make sure their business is protected before spending time and money building it.

You can think of trademark classes as categories that fall under your application depending on the types of goods and/or services you offer. The CIPO trademark classification system divides all goods and services into 45 trademark classes —34 for goods and 11 for services. Correctly identifying your goods and services is one of the most critical aspects of your application. A failure to correctly list the goods and services with which you use the mark may prevent you from registering your mark. And you will not be given a refund. The selected class(es) must correspond to the list of goods and services mentioned in the application in order to achieve full trademark protection.