By : IPS Staff
Category : Trademark Search
Trademark Search is the first step towards trademark registration. Most individuals and companies are not aware of the trademark registration process. Here is brief information on trademark registration process in Canada and the approximate time frame of the process.
The first and the primary step in the trademark registration process is the Trademark Search. This process begins with some database search to make sure there are no prior registrations. Trademark Search helps to make a genuine trademark registration.
After the Trademark Search process is completed and everything is clear the trademark registration process is started. The first step in this process is filing an application in the Canadian Intellectual Property Office. This application brings forward the details on the rights to trademark, this also includes the products and services which you wish to trademark. The documents will also include the clearance from the Trademark Search Office.
Once the trademark application has been filed the examiner from the Trademark Office will perform an internal Trademark Search. This search is done to find out if there is any other prior registration done under the same product and services. If there are any prior registration or any issues in registration the applicant will get a letter from the Trademark Office. The applicant will also have a chance to respond to the letter issued for the examiner.
If the examiner gives a green signal, after his/ her Trademark Search process is completed. The applicant now has only a few formalities to complete. After the document formalities are complete the trademark application is now ready to be published in the Trademark Journal. This publication is important because it is a public notice. The publication states that the Trademark Office has decided that the application and trademark can be registered.
Publication of the application is important because the public will then have an opportunity to object on the approval. The public will have a chance the file objection against the application. Even after the Trademark Search process and the approval from the trademark office there is a place for objection. Objection can be done only if the objecting party has clear documentation to support their objection. The objection is made if the filing party feels that they have strong rights on a comparable trademark.
After all the objections from the public have been clarified, the trademark applicant can then complete the registration process and make the final payments. When the trademark registration process is complete the, Canadian Intellectual Property Office will issue a certificate which is valid for 15 years which can be renewed after expiry.
