Create Time 2017-07-21 02:07 Views：3104
If you are the owner of a startup or small business in Canada, chances are you've googled the word "trademark" before now. Most likely you've done the responsible thing and read as much as you can find on what is arguably, the most important step you can take for your brand in terms of awareness, strategy, and protection. At this point, you may think you've learned all there is to know and you can get down to the business of filing your trademark registration application in Canada. Let's stop you short there and give you some tips before you find yourself up a creek without a paddle, excuse the stale idiom.
As they say, forewarned is forearmed . . . to use another stale idiom. Luckily, you've already done a lot of research in this area by this point. Keep in mind however that Canadian trademark laws have changed so make sure you are caught up. Questions like "how much does it cost", "how long does it take" and "how long does it last" all have new answers. Some topics that you may want to research are:
a. The new trademark registration prices in Canada
b. The new trademark registration timings from application to renewal
c. The Nice Classification system that has been adopted by Canada
d. The new standards for inherent distinctiveness
That last one leads us to our next piece of advice:
We cannot stress enough how important this step is. In fact, a comprehensive trademark search can be the difference between registration and rejection. A trademark search is the best way to establish if your trademark is already taken or is too similar to other businesses' trademarks. If your trademark is not distinctive it will likely be rejected and may not win appeals. It is also advisable to conduct a search in other countries if you intend to expand, particularly in the US and China.
Another reason to research trademark searches is so you don't fall into lawyerly traps. A lawyer or trademark agency may offer to do the trademark search for you at a steep price; but as trademark searches are free, they are trying to convince you that you are paying for their time plus a service when you are just overpaying for their time. At Witmart, we offer a free standard search as well as reasonable advanced packages.
I know, I just told you that lawyers and agencies can be very overpriced, what with high rates and hidden fees. But you can pick who to work with and with the right agency by your side you will have the best chance at successful trademark registration in Canada.
Let's go back to those standards for distinctiveness. It doesn't just come down to whether or not your name is taken. There are many other reasons why an examiner would say that your trademark is unregisterable. It's too descriptive, it's geographical, it uses laudatory terms . . . the list goes on. An expert can look at your proposed names and tell you right away if your trademark has any chance.
From there there's the search. Trademark searches may be free but they are difficult. You have to pour through tons of data and then you have to analyze and evaluate that data. You have to really understand how likelihood of confusion works; and make sure you haven't missed anything.
Let's not even talk about filling out your application. Trademark filing is long and arduous for the inexperienced and busy individual whereas for agencies like ours, filing a trademark application can take as little as three days. And remember those lawyers who overcharge for sources? They'll charge you to use the exact application that CIPO supplies on its website for free! Witmart only charges reasonable rates for the actual service provided.
Searches, consultations, filing trademark applications for registration: That's just the tip of the ice berg (there I go again) of what we offer in our services. Do the smart thing and let Witmart handle your trademark registration. Visit our website to book your free consultation today.
Disclaimer: This website is not intended to offer legal advice or to be a substitute for a consultation on a case-by-case basis with an attorney. The information provided above is meant for informational purposes only and may be subject to change.
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