How Your Trade-mark Application is Processed

The Office of the Registrar of Trade-marks will process your application according to the steps outlined below, which include details about when you will be notified of the status of your application, and any associated fees.

Please contact us if you wish to have general information on trade-marks, to find out the status of your application, or if you need more information about filing an application. If you have specific questions on a pending trade-mark application, please contact the section processing your application at the numbers indicated in the steps listed below.

Always quote your application number for quick service. Fees quoted are those in force at the time of printing. A complete listing of fees is included in the Guide to Trade-marks.

Note: The following is an overview of how a trade-mark application is processed, including approximate timelines. To read our service commitment to clients, see CIPO's Client Service Standards.

Steps

  1. Formalities
  2. Examination
  3. Advertising
  4. Opposition
  5. Allowance
  6. Registration

1. Formalities

Phone:
819-953-8575
Fax:
819-953-2476

If your filed application is in good order, complete, and if you have included the correct fee, we will assign a filing date and an application number to your application and open a file.

Your application will be entered on the Canadian Trade-marks Database as well as other databases maintained by external companies. Your application will be labelled "Pending."

How you will be notified
…and when
You will receive a formal Filing Acknowledgement and a proof sheet listing the information included in your application. Please review it carefully and advise us immediately if there are any errors or omissions.
If your application is correct and complete, the acknowledgement and proof sheet will be mailed to you within seven (7) days after your application is received.

2. Examination

Phone:
Number as indicated on correspondence or 1-866-997-1936
Fax:
819-953-2476

A trade-mark examiner will review your application and determine if the trade-mark can be approved for advertisement in the Trade-marks Journal. If there are any doubts about your application, the examiner will notify you of the objections. You will then have opportunities to respond. If your answers still fail to satisfy the examiner, you will receive a letter informing you that your application has been refused and explaining the reasons why. In the event of a refusal, you have the right to appeal to the Federal Court of Canada.

How you will be notified
…and when

You will be notified by phone if your application contains simple problems that can be resolved verbally.

An examiner's report will be sent to you should the problems be more complex.

You will be sent a formal Notice of Approval once your application is approved.

If your application is approved without amendments, the Approval Notice should be mailed to you within six (6) months.

If your application contains complex problems, the examiner's report should be mailed to you within six (6) months.

3. Advertising

Phone:
Number as indicated on examiner's report or 1-866-997-1936
Fax:
819-953-2476

If it is approved, your application will be published in one issue of the Trade-marks Journal, which is published weekly and available by subscription and in some major libraries in Canada. Within two months of being advertised, others can oppose your application, which will then be removed from the normal processing cycle until the opposition has been resolved.

How you will be notified
…and when
You will not be notified at this stage unless your application is opposed by one or more parties. In this event, the Trade-marks Opposition Board will notify you in writing.
Your application should appear in the Trade-marks Journal approximately five (5) weeks after it is approved.

4. Opposition

Phone:
819-997-7300
Fax:
819-953-2476

Should your application be opposed after being published in the Trade-marks Journal, the Trade-marks Opposition Board will forward to you a copy of the Statement of Opposition. Should you wish to contest the opposition, you will have two months to serve and file a counter statement. Both parties will, in turn, have an opportunity to file affidavit evidence and written arguments, as well as to make submissions at an oral hearing. If the opposition is withdrawn or is unsuccessful, your application will proceed to allowance.

How you will be notified
…and when
You will be notified that your application has been opposed when the Trade-marks Opposition Board forwards you a copy of the Statement of Opposition. However, it is your responsibility to keep track of your deadline for filing evidence (see section 38 of the Trade-marks Act, and rules 35, 41, 42 and 47 of the Trade-marks Regulations).
An opposition is a complex adversarial proceeding. Most proceedings are resolved during the course of the opposition, but a complete opposition may last more than two (2) years.

5. Allowance

Phone:
819-934-9278
Fax:
819-953-2476

If there is no opposition, or if an opposition has been decided in your favour, your application will be allowed and the Office of the Registrar will not consider any further challenges. You will receive a Notice of Allowance and be asked to pay the prescribed registration fee. If your application has been based on "proposed use," you may request an extension of time until your trade-mark is actually in use. There is a fee per extension.

How you will be notified
…and when
You will receive a Notice of Allowance. If you do not respond to this in the indicated time, abandonment steps may be taken.
If the application was not opposed, the Notice of Allowance should be mailed to you three (3) months after your application appears in the Trade-marks Journal.

6. Registration

Phone:
819-934-9278
Fax:
819-953-2476

You must send in the registration fee and, if your application was based on "proposed use," a declaration stating that the trade-mark is being used. Your trade-mark now moves from 'Pending' status and becomes a 'Registered trade-mark'.

How you will be notified
…and when
The official Certificate of Registration will be mailed to you.
The Certificate of Registration should be mailed between three (3) to four (4) weeks after payment is received.

The length of time to register a trade-mark varies. If your application is filed correctly, approved without changes, and is not opposed, you should receive a Notice of Allowance approximately ten to fourteen months after filing. After submitting the registration fee and declaration of use (for trade-marks applications based on "proposed use"), your trade-mark should be registered about four weeks later.