FAQ on Trade-marks

Before filing an application

  1. What is a trade-mark?
  2. What are the steps in obtaining a trade-mark registration?
  3. How do I file a trade-mark in Canada?
  4. Who can register a trade-mark?
  5. What can and cannot be registered?
  6. Why register a trade-mark?
  7. Are there different kinds of trade-marks?
  8. What is the difference between a registered trade-mark and an unregistered trade-mark?
  9. What is the difference between trade-marks and other forms of intellectual property?
  10. Can I file for a word and a logo together on the same application?
  11. Is registration mandatory?
  12. What is the difference between a company name and trade-mark?
  13. Can I obtain a trade-mark registration for a mark that sounds like another one?
  14. What kinds of marks cannot be registered?
  15. Can I register my own name as a trade-mark?
  16. Can I register the name of a cartoon character?
  17. Is it possible to use the maple leaf or the Canadian flag?
  18. Should the circled TM symbol be part of my trade-mark?

Searching

  1. Why is the preliminary search important?
  2. Will you tell me during my preliminary search whether my trade-mark can be registered?
  3. What are Vienna Codes?

Filing the application and other documents

  1. What do I need to include in my application?
  2. Can you tell me if my trade-mark application will be approved?
  3. Can a trade-mark application be reinstated?

Fees

  1. How much does registration cost?
  2. How much does it cost to request an extension of time?
  3. Where can I find the information on fees for trade-marks?
  4. I received a fax/letter asking me to pay a fee but it is not from CIPO (or my agent).

After filing the application

  1. What if I missed responding to an examiner's report?
  2. Can I make changes to my trade-mark?
  3. For how long is my trade-mark registration valid? Can I renew my trade-mark registration?

After the registration

  1. How can I update my address?
  2. Can I change the name of the owner on the register?
  3. Does registration in Canada protect my rights in other countries?
  4. Will your office ensure that my trade-mark is not infringed?
  5. May I allow other parties to use my registered trade-mark?
  6. Do I need to renew a Newfoundland trade-mark?

Agents

  1. Do I have to hire a trade-mark agent to file an application?
  2. Can I revoke my trade-mark agent?

Other

  1. Where can I look up the Trade-marks Journal?
  2. Should I incorporate my company?
  3. Can the Trade-mark Office give assistance if I am accused of infringement?

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