A trademark can be a name, a slogan, a logo or a design that you can use to distinguish the goods or services you are selling. While trademark law doesn’t require you to register your trademark in Canada, doing so may benefit your business.
If you are unfamiliar with the Canadian trademark application process, here are some tips to help you understand how you can register your trademark.
1. Figure out if you really need to register your trademark
The first thing you should do is figure out if you should register your trademark or not. Registering your trademark will cost you some time and money, so you have to make sure it will be a worthy investment.
If you own a small, personal business, you most likely don’t need to register your trademark. However, if you are planning to invest a lot of money in marketing your products and in growing and expanding your business, thinking about registering your trademark makes sense.
2. Decide where you plan to be using your trademark
If you decide that it would be best for you to register your trademark, think about the area where you will be using it. Do you plan to sell your products or services only within your province, or everywhere in Canada?
If you want to be able to do business anywhere in Canada, you will have to register your trademark with the Government of Canada. If your goal is to be able to use your trademark across the world, you will need to learn more information about trademark law outside of Canada.
3. Understand that you need to register as soon as possible
If you decide to register your trademark, you will have to do it as soon as possible, especially if you are afraid that another business might want to use the same trademark.
Indeed, your rights will be determined by the date of your trademark application. If another company registers the same trademark, or a highly similar trademark, before you do, your application will be denied and you won’t be able to use your trademark on your products or services.
4. Hire a trademark lawyer to advise you
If you are unsure about how to register and protect your trademark, or if you have noticed that another company has begun to use your trademark before you had a chance to register it, you should ask a trademark lawyer for some advice.
A lawyer with a deep knowledge or the Canadian trademark law can help you prepare your trademark application, and will help you protect your rights if you ever get involved in a trademark litigation. It never hurts to have an experienced lawyer on your side.
5. Review the trademark application process
You will have to review the trademark application process, alone or with the help of your trademark law lawyer, to make sure that your trademark will meet all of the qualifications and requirements, and that your application will not get rejected.
You can find a lot of helpful information about trademark law and trademark application online.
6. Send in your trademark application
Finally, you will have to fill out your trademark application with the necessary information including your name and address, the trademark you want to register, and a descripion of the goods or services your trademark has been used for or will be used for.
After you have sent in your application, all you will have to do is wait for it to get approved. If everything goes well, your trademark should be successfully registered within 12 to 18 months.