Welcome to Vancouver Trademark. So you started a new business and you want to get trademarked.
File an application and get it registered right?
Actually, there are a few more steps involved if you decide to register a trademark. In today’s video, we’re going to go over the 8 distinct stages of the trademark process.
Stage 1: Trademark Search
It’s very important to search for conflicting trademarks before you file an application. Failure to do so will result in not just a waste of time, but a waste of money. Now, you have a unique name for your brand.
So you do an internet search to look for conflicting names. However, a basic internet search while a step in the right direction will not result in the most accurate or thorough results.
This is where the comprehensive trademark search comes into play. A comprehensive search uses advance algorithms, including detailed filtered searches and common law searches, aspects of which are not available to the public.
A comprehensive search also includes searching the internet, searching domain name directories, telephone directories, searching provincial and federal registries, and much more.
At Vancouver Trademark, our seasoned trademark lawyers will execute the search for you, and are also in contact with the trademark offices daily, so they can easily identify any nuances that may prevent your trademark from being registered.
Stage 2: Filing an Application
This process takes 3 days.
Your application is given a unique number and submitted into the registry.
Here at Vancouver Trademark, our seasoned trademark lawyers will thoroughly review your application before submitting it to the examiner.
Stage 3: The Examination Period
Patience is a virtue they say, so let the waiting games begin. The examiner will conduct a thorough review of your application to determine whether it qualifies to be registered as a trademark.
This process can be quite lengthy and can take anywhere from 6 to 7 months.
Stage 4: Approval
In an ideal scenario, the examiner sends you a notice of approval. If this happens, things are great. However, in other cases, the examiner may send or issue an office action.
An office action is also called an examiner’s report. What an office action means is that there’s something about your application that the examiner is not happy with.
If this happens, you get several attempts to amend the application until the examiner is happy. Or you could try to persuade the examiner to approve your application.
However, despite your attempts, if the examiner still thinks that your trademark can not be registered, your application will be refused.
Office actions take place more than you think. Here at Vancouver Trademark, our season trademark lawyers can help you jump over any hurdles to ensure that you have a smooth application process.
Stage 5: The Advertising Period
The Trademarks Journal provides the general public 2 months to oppose the trademark, providing that they have valid grounds to do so.
The good news is, opposition proceedings are very rare.
Stage 6: Allowance
At this stage, an application is “allowed” if there is no oppositions. Now, you might be thinking, wasn’t my application already allowed?
No, your application was approved first. Now it is allowed. I know they sound similar, but approval and allowance are two very different stages in the trademark process.
Stage 7: Registration
Once the final fee has been submitted, a registration certificate is sent to the applicant.
Stage 8: Renewal
Now that your trademark is registered, it is valid for a period of 10 years (Reduced from 15 years as of June 17, 2019).
The good news is that it can be renewed indefinitely.
Thank you for watching and hope this video helped clarify the various stages of the Canadian trademark process.
If you’re looking to get your trademark registered, visit our website today at vancouvertrademark.com and book your free initial consultation.
Until next time, this is Mona from Vancouver Trademark.