The application Process

Prior to preparing and filing a trademark application it is highly recommended that a trademark registrability search be carried out.  A trademark registrability search will normally include searches of the federal trademark registry, but it will also include searches of telephone directories, trade directories, domain name searches, internet searches and business name searches.  Prior to applying for registration of a trademark the applicant would like to know if there are any conflicting trademarks and/or common law used trade names which would prevent use and registration of the name.

Provided that the search results are positive, meaning that one is able to obtain registration and that there are no conflicting trademarks and/or trade names, the applicant can then file a trademark application as either an intent to use application which means that the applicant intends to use this trademark in the future in association with the goods and/or services for which one is seeking registration, or one can file the application as a use application, meaning that the applicant is currently using the trademark in association with the goods and services for which one is seeking registration.  

The application will come before a trademarks examiner who will examine the application to ensure all formal and other requirements have been met.  Once the examiner is satisfied that the application meets all of the requirements of the Trademarks Act and is registerable, the trademark will be advertised for a period of two months during which time any interested parties can come forward and oppose the application on the basis that they have superior rights to the applicant.

Upon completion of the two month advertisement period, provided no oppositions have come forward, the examiner will issue a Notice of Allowance at which time the applicant must pay a issue fee and provide the trademarks examiner with a Declaration of Use in the case the application was filed as an intent to use application.  Once the registration issues it is valid for a period of 15 years from the time of registration and can be renewed in 15 year intervals indefinitely.