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Canadian Trademark and Common Law Research
TradeMark Express conducts comprehensive Canadian trademark services and common law research in the same 4-step approach as in the United States.
- First, we conduct a Preliminary CIPO Canadian Intellectual Property Office search for FREE. If Clear,
- 2) We do a comprehensive Canadian trademark search for US$200, and, if legally clear,
- 3) We do a Canadian National common law search for CA$200 is completed, if legally clear,
- 4) We write and submit a Federal trademark application to CIPO for CA$100.
- = $500 – Canadian Comprehensive Trademark, Common Law Research, and CIPO trademark application filing.
Does CIPO handle all your research for your Canadian trademark for you?
No! You must do your own Canadian common law search, along with your trademark search, before filing.
Canadian Application Preparation
If we do your Canadian research, your application preparation is just US$100, which is $200 off. We will write your Canadian trademark application for $100.
If your research has been conducted elsewhere, our fee is $300 to prepare your Canadian trademark application. We offer free analysis of your prior legal research report, to double-check if it was analyzed correctly and if in fact it is comprehensive. Our free review affords trademark attorney review as well.
How do you file for registration and how much does it cost?
All Canadian trademarks are filed through the Canadian Intellectual Property Office – CIPO. The initial fee for filing an application is CA$250. Once the CIPO issues a notice that the registration is allowable, the applicant must submit a CA$200 fee for the issuance of the certificate of registration.
How long is the registration valid?
Registration is valid for 15 years and is renewable every 15 years thereafter upon payment of a CA$350 fee.
What is the CIPO Five-step examination process?
When the Canadian Trade-marks Office receives your application, it does the following :
- Searches its trademark records to find any other trademark that may come into conflict with the one you’ve submitted and, if one is found, informs you of it.
- Examines the application for compliance with the requirements of the Trademarks Act and Regulations and informs you of requirements which are not met by the application.
- Publishes the application in the Trademarks Journal, which is issued every Wednesday.
- Allows time for opposition (challenges) to the application. Anyone may, upon payment of CA$250, file a statement of opposition with the Registrar. After considering the evidence filed by either or both parties, the Registrar decides whether to refuse your application or reject the opposition. The parties are notified of the decision and reasons.
- If no one files an opposition to your application, the mark is allowed. Upon payment of the CA$200 registration fee and the filing of a declaration of use in the case of a proposed use trademark application, your mark is registered.
European Community Research
- European trademark research is complex because of the different languages that need translations to conduct a comprehensive trademark and common law search and analysis.
- Countries that are searched include: Austria, Benelux (Belgium, Netherlands, Luxembourg), Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Ireland, Italy, Latvia, Lithuania, Malta, Norway, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, U.K., the European Union Intellectual Property Office Trademarks (EUIPO)¹, and World Intellectual Property Office (WIPO)².
- With a worldwide network of search agents and trademark attorneys, our International trademark attorneys offer foreign trademark searches, common law searches and trademark application preparations for all other countries.
- $ 700 – European trademark research
$ 500 – European common law research
$ 300 – European Union application preparation
$1500 – Total European research & application services
- (EUTM) Information on over 130,000 trademark applications and registrations filed with the European Union Intellectual Property Office (EUIPO).
- (WIPO) Information on over 1.3 million Madrid Agreement and Madrid Protocol trademarks registered with the World Intellectual Property Organization.
Any follow-up to the EUIPO/WIPO will not be completed by TradeMark Express and should be taken to a trademark attorney.
Worldwide Common Law Research
International common law research is split into worldwide regions. These regions include :
- United States – $200
- Middle East – $200
- Canada – $200
- Africa – $200
- Europe – $500
- Mexico – $200
- Asia Pacific – $200
- South America – $200
- With a Worldwide network of search agents and trademark attorneys, our International trademark attorneys offer foreign trademark searches, common law searches and trademark application preparations for all countries.
- Please be aware that because of the limitation of Worldwide sources, compared to the depth of sources in the United States and Canada, we cannot purport our in-house common law research to be comprehensive outside the United States, and Canada.
- For comprehensive common law research for foreign countries outside of the United States, Canada and Europe, we recommend localized common law searches through our trademark attorneys sources in each country.