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Types of Trademarks

Filing your Canadian trademark application in the right way can save you a lot of time and hustle down the road. It is best to hire an expericend trademark agent to prepare and file the application for you. To start with the basics, you should decided on the type of mark to file and protect.

Standard Character Trademark
Pepsi

Wordmark

Registration No. TMA763812

Just Do It

Slogan

Registration No. TMA716435

7-11

Numbers

Registration No. TMA165534

Design Marks

Swoosh Design

Registration No. TMA725131

Microsoft Windows

Registration No. TMA454063

Composite Marks

McDonalds & Design

Registration No. TMA388947

Pepsi-Cola & Design

Registration No. TMA201480

Non-Traditional Marks

Texture

3D Shape

Taste

Sound

Scent

Position

Hologram

Motion

Types of Trademarks

Filing your Canadian trademark application in the right way can save you a lot of time and hustle down the road. It is best to hire an expericend trademark agent to prepare and file the application for you. To start with the basics, you should decided on the type of mark to file and protect.

Standard Character Trademark
Pepsi

Wordmark

Registration No. TMA763812

Just Do It

Slogan

Registration No. TMA716435

7-11

Numbers

Registration No. TMA165534

Design Marks

Swoosh Design

Registration No. TMA725131

Microsoft Windows

Registration No. TMA454063

Composite Marks

McDonalds & Design

Registration No. TMA388947

Pepsi-Cola & Design

Registration No. TMA201480

Non-Traditional Marks

Texture

3D Shape

Taste

Sound

Scent

Position

Hologram

Motion

Common Trademark Application Considerations

Description of Goods & Services
Describe the specific goods and services associated with your mark in common commercial terms and group them according to the appropriate Nice Classification.
Priority Claims and Deadline
If you filed or registered a trademark in your country of origin within the last 6 months, you can claim the filing date of your previous application. The priority deadline is extended to the next business day if it falls on a non-operational day for the trademark office.
Translation/Transliteration
Translation is required for marks in a language other than English or French. Furthermore, transliteration is required for marks in a language other than Latin characters to assess phonetic similarities.
Colour Claim
By not claiming color will give your mark the broadest protection for all colours. If your mark should only be used in certain specific colours then by claiming thoese colours on your application will grant you specific protection for those colours only.

Special Marks

Certification Mark

Certification mark is a specific trademark type that you can register to distinguish goods and services of a defined standard from those that are not that defined standard.

PMP

Registration No. TMA624477

Characteristics of Certification Marks

Applicants must not be engaged in manufacturing, sale of goods or the performance of service define by the mark

Must define and provide a set of standards associated to the goods and services

Character or Quality

Working Condition

Class of Persons

Area

Mark to be Licensed for others to use in commerce

Official Marks / Prohibited Marks

An official mark is a type of prohibited marks used by Canadian public authority mainly, government and government agencies, crown coroprations and some non-profit organizations for goods and services.

Official marks are not bounded by any goods and services and made known through public notice of adoption and use.

How to Register a Trademark in Canada

The Canadian trademark registration process can seem daunting at first glance, especially given the investment of time and capital required to finally get that certificate of registration from CIPO. After all, the typical timeframe to register a trademark in Canada is 15 - 18 months. Below is a trademark registration process diagram with each steps outlined by CIPO (Canadian Intellectual Property Office)

1. Filing Fee
Online: $330 for the first Nice class of goods or services, plus $100 for each additional class

Paper: $430 for the first Nice class of goods or services, plus $100 for each additional class
2. Filing date issued
if everything is in order with your application, CIPO assigns a filing date and an application number.

Your application will be entered into the Canadian Trademarks Database.
3. Examination: Checking for registrability
A trademark examiner will review your application to make sure that your trademark is registrable.
4. Examiner’s report
If there are any issues with your application, such as confusion with an existing trademark, the examiner will let you know in their report.

5. Response
You will have the opportunity to respond to any of the examiner's concerns.
6. Approval
If your application is approved, CIPO will send you a formal notice of approval to let you know.
OR
Refusal
If your application is refused, CIPO will send you a report explaining why.
7. Advertisement
If CIPO approves your application, it will be published in the Trademarks Journal on C|PO's website.

This will give others the opportunity to oppose your application.
7.1. Opposition
Fee to oppose an application: $750
If someone opposes your application, the Trademarks Opposition Board will let you know and you will receive a copy of the statement of opposition.
You and the party opposing your application will then have a chance to file evidence and written arguments.
IF the opposition is successful, your application could be completely or partially refused.
You have the right to appeal to the Federal Court of Canada.
8. Registration
If there is no opposition to your application, or if an opposition is rejected, your application will proceed to registration.
CIPO will send you a certificate of registration and enter the trademark in the Register of Trademarks.

Register Your Canadian Trademark with Witmart

Trademark registration in Canada is an incredibly demanding and overwhelming process for business owners who already have a million other things to worry about. At Witmart, we live and breathe trademarks every day. Our experienced trademark experts are well-versed in Canadian trademark law, and our streamlined technology equips us to carry the burden of registration on your behalf.

Trademark Filing Made Simple
Our trademark specialists collect all of your business details upfront to file your trademark application for you and keep you informed of any updates along the way. We handle all the back and forth communication with CIPO, and monitor the status of your trademark from start to finish to ensure all deadlines are met.

End-to-end Trademark Support
When you file your Canadian trademark with Witmart, our dedicated service team will always have your back. We can help you assess and respond to Examiner’s Reports to reduce the risk of final refusal. We’ll be there to answer any questions you may have throughout the entire process.

Avoid Unnecessary Delays
When you’re building a brand in Canada, time is money — and with a trademark registration process this long, you can’t afford unnecessary delays. The Witmart trademark team stays on top of your filing, following-up frequently with CIPO to ensure everything stays on track.

High Value Trademark Registration Packages at Affordable Rates

As a full-service Canada trademark agency, we’re the ideal choice for SMEs looking for the expertise of a law firm and the experience of a trademark agent for a price that won’t break the bank. At Witmart, we believe in providing high quality, affordable trademark services for all.
Our customizable trademark registration packages reflect the importance of building a trademark filing plan around your unique business needs — all at a flat rate, with government fees included.
FEATURES
STANDARD
PREMIUM
ULTIMATE
Free Trademark Consultation
Free SuperSearchTM
Free Risk Analysis & Assessment
End-to-end Help & Support
Response to Office Actions
Free Second Filing*
*Should your initial trademark registration get rejected, Witmart will conduct a second filing for free. Government fees still apply.

Recent Canada Trademarks Registered with Witmart

  • Trademark: Healthy Hooch Kombucha
    Countries filed: Canada
    Date issued: August 20, 2019
    Class: 30
    Services/Goods: Pasta, condiments , beverages

    Trademark: Triple CS Supplements
    Countries filed: Canada
    Date issued: August 14, 2019
    Class: 5
    Services/Goods: Medicines, health supplies, food

  • Trademark: SIXOPHO
    Countries filed: Canada
    Date issued: August 20, 2019
    Class: 43
    Services/Goods: Catering and accommodation , pension childcare , providing accommodation of animals

    Trademark: DUNDAS EAT AND DRINK
    Countries filed: Canada
    Date issued: August 21, 2019
    Class: 43
    Services/Goods: Catering and accommodation , pension childcare , providing accommodation of animals