Trademarks

A. Overview

On average, it will cost you approximately $3,800.00 – $4,500.00 and take between 1 – 3 years to obtain registration of a verbal (text only) trademark in Canada. We spread this cost out over the course of the file; however, the majority is charged in the first two steps being 1. The search & opinion and 2. Filing the application. Complications during the application process, either from the trademark examiner or from third parties opposing your application can extend the length and cost of the registration. Costs for design marks (logos), hybrid marks, certification marks, section 9 marks, or US applications, all vary – please contact us directly

1. The first step is an initial search and opinion, along with confirmation of your wares (goods) and services. This is usually completed within a week or two of your initial inquiry. We charge $700.00 in fees, plus taxes and the cost of the search, totalling an average of $1,300.00 – $1,500.00.
2. Upon your review of our opinion and instructions to proceed, we prepare and file the application. The filing fees in Canada are indexed and approximately $490.00 inclusive of the first class and additional $150.00 for every extra class. We charge $700.00 in fees plus taxes and disbursements, and an hourly rate if your description of goods and services is extensive or complex.
3. After filing the application, we will receive a filing receipt. We review this to you for accuracy and report to you.
4. You will then not hear from us for approximately 12-18 months while the application is in process with the Trademark Office. The Examiner will review the application, and if there are no technical or substantial issues, the Examiner will proceed to the next step. If there are issues, such as confusion with an existing trademark, these must be addressed. We charge an hourly rate for all objections and responses to Examiner Reports. Our current hourly rate is $650.00 plus taxes and disbursements. We will invoice you for any of these separately.
5. If there are no objections, or the objections are overcome, the examiner will issue a Notice of Approval, and publish the trademark in the trademark gazette for potential opposition. We report the Notice of Approval to you. The process then takes another 3 – 4 months. Upon publication, we will review for accuracy and send you a copy along with your account for both steps, at $300.00 in fees plus taxes and disbursements.
6. If no opposition is raised at this stage, the Examiner allows the application to continue to registration. We report to you along with our letter and Certificate of Registration. We issue and account for $375.00 in fees, plus applicable taxes and disbursements.

B. Renewals

RenewalsYour registration will also require to be renewed every 10 years in Canada and cost you approximately $1,400.00 for a single class. The renewal filing fee is indexed and approximately $595.00 for the first class and $185.00 for each additional class to which the request for renewal relates. Our legal fee for filing a renewal in Canada is $675.00, plus taxes and disbursements. If this is your first renewal after 2019, you will also need to file a classification of your goods and services as an additional step once the renewal is completed. We can also file this classification at any time prior to the renewal, at the same cost. We charge $150.00 in fees for the first class and an additional $75.00 for each class after plus applicable taxes and disbursements. The trademark office will also charge an additional $185.50, for each extra class.

While we docket your renewal dates and strive to contact you according to the most recent contact information provided by you, we require your instructions to proceed with the renewal. It remains your responsibility to contact us. If you do not update your contact information with us and we are unable to reach you, and/or you fail to provide us with instructions, we take no responsibility for registrations which are abandoned for failure to file renewals or maintenance filings. Please ensure that you always update us with your current contact information.

C. Foreign Registration

You gain priority on US and other foreign registration within 6 months of you filing in Canada, which can be advantageous. The registration procedure in the US is similar to Canada, although the time frames can be slightly shorter.

If you have interest in registering your trademark in a foreign jurisdiction, we have a network of agents around the world who can assist. While the process is similar, costs can vary. Please contact us to discuss further.