How Your Trade-mark Application is Processed
The Office of the Registrar 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
- 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."
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.
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.
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 (TMOB) 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.
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 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.
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'.
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 10 to 14 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 (4) weeks later.
