Intellectual Property in Canada

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Trademark registration $499

Registration process

An application has to be filed at the Canadian Intellectual Property Office (CIPO), by the Innovation, Science and Economic Development Canada. Multi-class application can be filed.


Once the application has been accepted by the CIPO, it will assign a filling date and a application number. Also the application will be entered into the Canadian Trademarks Database. Afterwards an examiner will review the trademark application for its registration; the applicant will receive the examination report within 15 to 18 months form the date of application. If there are any issues with the application, the examiner will notify the applicant in order to do the required corrections within 6 months after the notification or office action.


Once the application has been approved, the CIPO will publish it in the Digital Trademarks Journal for opposition purposes. If there is no opposition or if an opposition is rejected, the trademark application will proceed to its registration. The CIPO will send the certificate to the registrant within 20 days and the trademark will be input in the Official Register. 



Period to Oppose

Third parties affected by the application can file an opposition within 2 months from the date of publication. The Trademarks Opposition Board will notify the applicant by sending a copy of the statement of opposition. Hence, the applicant can reply within 2 months. 



Trademark Validity

In Canada a trademark registration is valid for 10 years from date of application and renewable for periods of 10 years. If the registrant fails to do it, the trademark will be expunged from the Register of Trademarks.


Requirement of Use

A trademark registration can be expunged for non-use of the trademark. and any third parties can request a cancellation for non-use according to the Section 45 of the Trademarks Act. The CIPO will notify the registrant and from that date they can respond within 3 months. 
Thus, one of the owner's responsibilities is to use the trademark in Canada during the last 3 years. Although they can prove special circumstances if the trademark has not been used in the said period. 

Therefore it is important that the registrant or the owner of the trademark has to present files and serves evidence, such as affidavits or statutory declarations at the CIPO.

Our Services

Our service includes free trademark search, trademark filing, all government fees, appointment of local agent (for overseas applicants), and monitoring of the application until completion. Our fees do not include responding to office actions or opposition (if either of these events occur). 

Patent registration $1499

Application

An application has to be filed at the Canadian Intellectual Property Offices (CIPO) of Innovation, Science and Economic Development Canada; it can be written in English or French. A fulfilled application must include a formal petition, an abstract of the invention, claims to the invention and drawings. 

CIPO will issue a filing certificate to the applicant within 3 weeks of received. 



Publication

After CIPO determines the appropriate technical field in accordance with the International Patent Classification (IPC), the application will be published within 18 months. Then the applicant will pay the annual maintenance fee, starting from the second year of filing. 


Request Examination

Besides, the application has to be examined by CIPO in order to decide if the patent should be granted. This process has to be requested by the applicant within 5 years of first filing. The examination proceeding time is approximately 14 months; however, a fast-track examination can be requested and its proceeding time is 3 months. 

If the examiner reports minor defects, the applicant can respond by making changes within 6 months. Hence, CIPO will reconsidered the application updates in a period of 5 to 9 months. 


Allowance and grant of patent

Once the application has been accepted, CIPO will notify the applicant in order to present a final fee within 6 months from the date of notification. 
The patent will be granted within 8 weeks after the official fee has been presented and CIPO will sent to the applicant the certificate by mail.

Our Services
Our services include patent research, patent drafting, drawings, and government filing fees. We also monitor the application until completion. 
Fee Highlights
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Trademarks: $549
Industrial Designs: $999
​Patents: $1499


​These are all in fees in USD and include our service fee and all government fees. 
Trademark registration
Patent registration

We are ready to help you protect your business. If you need more information, feel free to ask us any questions.

Contact us

Brealant Limited

1918 Saint Regis Boulevard
Dorval, QC
Postcode: H9P 1H6