A Guide to Trade-marks: Table of Contents

Note: A Guide to Trade-marks is currently being revised. An updated version will be made available shortly.
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This is an HTML version of the existing guide that includes minor Web format changes, links to related Web pages and contact information for the Client Service Centre.

This information is to be considered solely as a guide and should not be quoted as or considered to be a legal authority. It may become obsolete in whole or in part at any time without notice. Authority must be found in the Trade-marks Act, the Trade-marks Regulations, and in decisions of the courts interpreting them.

INTRODUCTION

• Your identity in the marketplace
• Purpose of this guide
• The Trade-marks Office
• Visit CIPO's Web site

THE BASICS

• What is a trade-mark?
• Other forms of intellectual property
• Trade name vs. trade-mark
• Registered trade-mark vs. unregistered trade-mark
• Trade-mark agents
• Who can register a trade-mark?
• How do I register my trade-mark?
• How much does it cost?
• Five-step examination process
• How long does registration last?
• Foreign registration

MAKING SURE YOUR TRADE-MARK CAN BE REGISTERED

• Names and surnames
• Clearly descriptive
• Deceptively misdescriptive
• Place of origin
• Disclaimers
• Words in other languages
• Causing confusion
• Prohibited marks
• Further prohibitions
• Summary: What trade-marks can you register?

THE TRADE-MARK REGISTRATION PROCESS

• The preliminary search
• Application
• Foreign applicants
• Filing date
• Search and research
• Examination
• Disclaimers
• Abandonment
• Pre-publication search
• Advertisement
• Opposition
• Allowance and registration

OTHER PROCEDURES

• Expungement of a trade-mark registration
• Assignment
• Marking requirements
• Policing your trade-mark

FOR MORE INFORMATION

FEES

APPENDIX A - TWENTY COMMON QUESTIONS ABOUT TRADE-MARKS

APPENDIX B - FORMAT OF THE APPLICATION

APPENDIX C - YOUR TRADE-MARK APPLICATION

GLOSSARY