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How Much Does It Cost To Register A Trademark in Canada?
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A trademark registered in Canada relishes national protection. If the mark’s owner keeps using it in relation to the connected goods and services, it will remain secure. A trademark’s limited use in context with its associated goods and services is conferred upon registration across all of Canada without regard to regional limitations.
On the other hand, an unregistered trademark is only safeguarded in the territories in which it is identified and used. An unregistered trademark can only be implemented if it has achieved a meaningful reputation. However, determining that a necessary reputation exists is far more costly than having the intuition to register a trademark before it is needed for implementation.
Trademarks Which Can Be Filed Under Trademark Registration In Canada
1. Logo
The trademark on the logo safeguards the design feature that recognizes the products or services of one person or organization from those of rivals in the market. The foundation of protection is visual design and creative elements. Your mark will be assessed in comparison to other existing logos from trademark applications and registered trademarks.
2. Slogan/Phrase
In Canada, a slogan is a word or group of words that can be registered as a trademark. It matches the other applications. Trademarks are used to protect your company’s intellectual property by preventing third parties from exploiting parts of your brand identity that are ambiguously similar. You must be descriptive when describing your product or service; it must be exceptional.
3. Copyright
A copyright is a piece of intellectual property that gives the solitary right to produce or reproduce a work or any considerable part. It pertains to any original work and safeguards the creator/artist from having others restore it. Each copyright comes with rights and safeties depending on the type of work. Several classifications of works are safeguarded by copyright, each with its own linked rights.
How To Register A Trademark In Canada?
During the application process, you will need to perform the following:
Assess The Need For A Trademark
Although it is pointless, trademarking your brand is an intelligent move if you want to safeguard it and any other exceptional aspects of your goods and services. This will safeguard your legal interests and prevent customers from misunderstanding your products for others’, especially exact copies.
Look Up Trademarks That Are Already In Use
It would help if you first searched for trademarks in Canada to guarantee your trademark is distinctive and does not damage anyone else’s legal rights. All currently registered trademarks are kept on file with the Trademarks Registrar; thus, you should perform a thorough search for Canadian trademarks. Check for all variations, as your application may be declined if similar trademarks are already in use.
Finish Submitting Your Trademark Application
A specific depiction and description of the trademark, along with details of the goods and services it would cover, must consist of your application. Furthermore, you must provide the duration and date of your request to use the trademark in Canada.
Submit Your Application For A Trademark
You can send your completed trademark application paperwork to the CIPO’s Registrar of Trademarks. The government charges a filing fee for applications that are presented.
Why Is It Important To Trademark In Canada?
A trademark that is registered ensures the following:
- Evidence Of Possession
A certificate of registration demonstrates your possession of the trademark. It acts as a legal label for your business, much like title deeds do to creäte real estate ownership.
- Exclusive Privileges
With a trademark, you can use your individuality to promote your goods and services across Canada for ten years. After that, you can renovate it forever for ten years.
- Defence Against Infringement And Abuse Of Trademarks
A trademark keeps other parties from creating a comparable brand, such as copycats, which could misinform consumers.
- Ability To Notify Infringement Of A Trademark
You can file a lawsuit using trademark law under the Trademarks Act. Specified contrarily, it gives you the permission to take legal action against any individual or company that go after to use your trademark in the production, sale, distribution, advertising, import, or other activities.
- Possibilities For Obtaining Extra Licenses
Registering a trademark for your name may result in new, recurring revenue streams even though it may originally need marketing expenses. You may take into consideration licensing your trademark for numerous commercial causes, including merchandising, building brand temptation, creating awareness, and expanding your commercial reach.
Canada Trademark Registration – Classification Of Requirements/Documents
Classes Name 1
The typical fee for registering a trademark in Canada is $452 for hardcopy applications and $347 for online applications. This base fee directs to a single class of goods and services. Every extra class is $105 in price. A trademark registration certificate can be obtained for a $210 fee. These are the only fees that the government has directly given the CIPO. There will be additional costs if you file your application via a law firm, an online legal service, or a lawyer.
Classes Name 2 & 3
The average fee for registering a trademark in Canada is $452 for hardcopy applications and $347 for online applications. This base fee directs to a single class of goods and services. Every extra class is $150. This covers only the government fees. There will be an extra cost for the services of a representative (a lawyer, law firm, or online legal service) if you file your application through them.
How Much Does It Cost To Register A Trademark in Canada?
A trademark registration application in Canada costs $458 as of January 2024. You must pay $100 for each new class of goods and services your trademark registration protects. There are additional costs if you must go through the trademark renewal process after ten years: The first class of items costs $400, and each succeeding class costs an extra $125.
An experienced trademark representative will charge their fees if you discuss with them. Hiring a mediator will help you since they can guarantee that your trademark is authorized by performing a vast trademark database search through the Trademark Registrar, freeing up your time to focus on other aspects of your business.
Filing Cost
Standard: $1499+HST
Includes:
- Pre-Screening Search
- All applicable government filing fees (one class of goods/services)
- Full Search (Canada only)
- Registrability Estimation
- Draft and File Application (Canada only)
- Confirmation and Digital Copy of the Trademark Application
Comprehensive Package: $2899+HST
Includes:
- Pre-Screening Search
- All applicable government filing fees (one class of goods/services)
- Complete Search (Canada and USA)
- Registrability Opinion
- Draft and File Application (Canada and USA)
- Verification and Digital Copy of the Trademark Application
Value Package: $1249+HST
Includes:
- Pre-Screening Search
- All applicable government filing fees (one class of goods/services)
- Draft and File Application (Canada only)
- Confirmation and Digital Copy of the Trademark Application
Attorney Cost
- Trademark lawyers’ hourly rates differ greatly based on factors like capability and location. However, the hourly rate for trademark lawyers often falls between $180 and $800.
- Flat fees can be a more reasonable option for customers who need an elementary trademark registration or want to know the service’s total cost upfront—flat prices for registering a trademark range from $1,000 to $4,500.
- A trademark lawyer costs a flat fee of $750 for filing a trademark application and an hourly fee of $400 for any supplementary legal services, such as supervising trademarks, answering to office actions, and so on. The services will cost $4,750 if the lawyer works on the case for a further 10 hours, which is substantially higher than the preliminary flat fee.
Renewal Charges
In Canada, a single lesson costs approximately $1350, and your registration needs to be reinstated every ten years. The filing fee for a renewal is indexed and is around $550 for the first class and $175 for each surplus class the request is for.
In Canada, renewal filing involves a $675 legal fee, taxes, and expenditure. If this is your first renewal after 2019, you will furthermore need to submit a classification of your goods and services. The hourly bill for this (mostly, supposing your list of goods and services is straightforward and short, we can finish it for about $500 in total).
Trademark Search Cost
The first stage is to oversee an initial search and opinion and verify your wares and services. This is on average performed within one to two weeks after your original investigation. They charge $675 in fees, plus taxes and the cost of the search, for an average of $1,100.00 – $1,500.00 for a trademark search.
Conclusion
Whether you run a small business, are the CEO of a large organization, or are in between, you will take into consideration how to confirm your business catches its target market and distinguishes itself from rivals. Developing a unique brand identity is a fundamental strategy to achieve this. A brand gives you a competitive edge by demonstrating your business’s standing and your goods and services. Getting a trademark for your brand is one of the superb ways to safeguard it.
Faq's
What Am I Able To Trademark?
Brand names, logos, images, sound bites, tastes, smells, textures, slogans, and phrases are commonly included in trademarks. Anything that perfectly signifies and sets your brand apart can be qualified for trademark registration.
How Long Will It Take For My Application To Be Reviewed By A Canadian Trademark Examiner?
We expect that national applications will be evaluated by an assessor forty-two months after they are submitted, provided they are not subject to further evaluation and do not describe goods and services using pre-approved terms. After submitting, international applications naming Canada are typically evaluated in 12 to 18 months.
Should I Work With A Trademark Agent?
Registering a trademark can be drawn out, challenging, and even complicated. A trademark agent can help. If required, a trademark agency can run a thorough search on your behalf to validate that your trademark is registered and can be adopted easily. Professionals in the legal implications of trademark drafting are trademark agents. They know what the Canadian Intellectual Property Office will acknowledge and what will be rejected.
What Advantages Come With Registering A Trademark?
The proprietor of a trademark registration in Canada is presented absolute use of the mark for the products and services listed in the registration. Since trademark registration is acknowledged as solid prove of ownership, it also helps the owner pursue these rights. An owner of a registered trademark in Canada is enabled to added legal preparations not available to an owner of an unregistered trademark, including dispute resolution events for internet domain names and Federal Court infringement lawsuits.
Sissie Hsiao
Sissie Hsiao is the Vice President of Content Marketing and an innovator at heart. With a deep expertise in law, she specializes in the cutting-edge application of trademark and copyright. Sissie's unique blend of legal knowledge and marketing acumen drives her passion for developing forward-thinking content strategies that protect and promote creative works.
