Registering a Trademark? Make Sure to Get Professional Help
The benefits of registering a trademark are well known: not only does registration give you legal ownership of the trademark, it also makes it possible to license your trademark to other individuals and organizations who may want to use it.
But business people that have not gone through the process themselves may not quite understand how complicated and time-consuming it can be, and this can lead many to believe that registering a trademark is not all that different from registering a business — an onerous but not particularly difficult process that can easily be handled by the owner.
In most cases, this is a mistake. Not only does the application process in Canada take, on average, between twelve and eighteen months, it involves multiple steps, and there is no guarantee of success at the end.
From the initial study to determine whether or not your trademark infringes on existing registered or unregistered trademarks currently in use, to receiving an official registration number from the government, an applicant must:
- Draft and file a trademark application
- Have the application reviewed by the Canadian Intellectual Property Office (CIPO)
- Respond to any objections raised by the examiner (these can be relatively simple issues related to wording, or fairly serious concerns over descriptiveness or obscenity)
- Have the trademark advertised in the Trademarks Journal
- Respond to any third-party challenges to your trademark
- Make a declaration of active use if you are currently using the trademark, or request a time extension until you begin using it
- Pay the final registration fee
Not only is the process itself extremely involved, the applicant must take care to constantly monitor their application and respond to issues in a timely fashion. If issues do arise with the examiner, or there is a third-party challenge, applicants will need to be able to modify or adjust their trademarks to meet government requirements.
For this reason, it is common for businesses to consult registration experts like The Trademark Shop who have years of experience navigating the process to ensure it runs as smoothly as possible.
In addition to providing businesses with the services of trademark lawyers who understand the requirements of Canada’s Trade-marks Act, they also offer related services, like a comprehensive trademark search to determine whether a similar trademark is already registered or in common-law use.
Because The Trademark Shop offers its services at a flat fee, businesses can retain the services of trademark experts without needing to worry about ballooning costs should they run into problems with their application — an issue that many new businesses need to particularly attentive to, given the issues around cash flow and start-up capital many companies face early on.
Registering any trademarks associated with a business is non-negotiable for companies that want to guarantee that their intellectual property will be protected. And with the help of professional trademark experts like The Trademark Shop, it is possible to begin an application confident that it will be processed in a timely manner, and will ultimately result in official registration.