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Frequently asked questions > Intellectual property > Trademark > What is the procedure leading to the registration of a trademark?

What is the procedure leading to the registration of a trademark?

After its filing, the application is subject to an examination. An examination report will be prepared within a time period of 6 to 12 months after the filing of the application. The examiner verifies if the application complies with the requirements of section 30 of the Trade-marks Act, he also verifies if the trademark is registrable (section 12) and if the applicant is the person who is entitled to registration of the trademark (section 16).

The steps for registration of a trademark:

  1. Application for registration. Filing of the application by the trade-mark agent accompanied by the prescribed fees with the Office of the Registrar of trademarks. The application will be registered in the register of trademarks of the Canadian Intellectual Property Office with the mention "pending".
  2. Examination. The Office of the Registrar of trademarks proceeds to the examination of the application in order to determine if the trademark can be approved and advertised in the Trademarks Journal. If it cannot be approved, the examiner communicates his objections to the trade-mark agent with the possibility of answering to these objections.
  3. Advertising. Once approved, the application is published in the Trademarks Journal.
  4. Opposition. If the application is subject to an opposition after its publication in the Trademarks Journal, it can be disputed. If the opposition is withdrawn or if it is rejected, your application goes to the stage of admittance.
  5. Admittance. In the absence of opposition or if an opposition has been rejected, the application is allowed by the Office. If the application is based on a "proposed use", extension of the time period can be asked for until the trademark is actually used.
  6. Registration. Upon payment of the registration fees and, if necessary, the production of a declaration of use in the case of an application for registration of a trademark with a proposed use, the trademark is registered in the register of trademarks and the Office of the Registrar of trademarks issues a registration certificate.

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