Vancouver Trademark - Our Process

Applying for a trademark in Canada is a multiple step process that requires careful attention throughout. In order to avoid needless delays and unnecessary expense, it is important for a trademark professional to remain diligent every step of the way, and to possess superior legal knowledge and experience to effectively draft applications and respond to Examiner’s reports.

At Vancouver Trademark, an experienced trademark lawyer will prosecute your file from start to finish, with the goal of successfully registering your trademark in the most cost-effective manner possible.

The diagram and instructions below outline the trademark application process.

Stage 1 - It is very important to search for conflicting trademarks prior to filing an application. A failure to conduct a thorough search could result in a waste of time and money. Vancouver Trademark offers two search choices:

Basic Search - This search is the most elementary of the two and looks for the exact words within one database. This database contains all trademarks registered and pending in Canada.

Comprehensive Search - This search uses a more advanced algorithm which includes a detailed filtered search and common law search. This includes looking for names that look and sound similar, searching federal and provincial registries, searching the Internet and domain name directories along with telephone directories.

Stage 2 - The applicant must identify the wares and services to be used in association with the trademark. Our trademark lawyers will assist applicants in this regard, and draft the statement of wares and services prior to submitting the application electronically.

Stage 3 - This process usually lasts for three days, during which the application is given a unique number and submitted into the registry. The application is examined to ensure it has been properly completed before being sent to the Examiner for a thorough assessment.

Stage 4 - The Examiner conducts a thorough review of the application to determine if it qualifies for protection as a registered trademark. This examination may take over a half a year and result in an Examiner's Report.

Stage 5 - Once our trademark lawyers have addressed any objection or other concerns the Examiner may have to the application, the Examiner will approve the application for publication in the Trademarks Journal. This publication provides the general public with two months to oppose the trademark, provided they have valid grounds for doing so.

Stage 6 - At this stage, an application is allowed if there is no opposition to the trademark. Once the final fee has been submitted a registration certificate will be sent to the applicant.