THE SEARCH

The pre-requisite to any application is a proper search. Ninety percent of all trademarks are words which can be searched Online from our computer. The remainder of the searches need to be conducted manually. Word searching is a two step process.

We maintain, and update weekly, a complete record of all current and past applications and registrations of both the Canadian and American trademarks office. The first search, called the availability search, is a search of the existing trademarks data base to determine if the mark is currently in use or applied for. This search is normally completed within two hours of your request.

The second search, called the registrability search, is often referred to as a Common Law search. This is an examination of the words that form the mark, their origin, meaning and the phonetic equivalents. It also includes an examination of business and corporate names.

This computerized search process normally takes about one hour to complete. We guarantee to deliver it to you the next business day. Marks that are a pure design are far more difficult to search as today's computers have not completely defined the search logarithms. Design searches are normally conducted manually by our searchers by examination of each of the designs observed.

Once a search has been completed the results are evaluated. If the results indicate that the subject mark is registrable then an application is prepared.

An application may be filed based on prior use of the mark by the applicant or on proposed use, however, the mark is only registered once the applicant confirms that the mark is not in use in Canada.

The application process takes about eight months to complete and involves the examination of the application by at least four separate examiners. The subject mark, once approved by the examiners, is then advertised for opposition allowing any reader of the advertisement to file an objection to the registration.

The advertising process is concluded with the issue of a Notice of Allowance requiring the applicant to pay a final fee to register the mark for the first fifteen years.

Once a registration issues, the owner is granted a Canada wide monopoly for a 15 year term and afforded the opportunity to renew his mark for successive 15 year terms.

What are the fees associated with an application?

There are three sets of fees associated with an application. 

First: The search. Prior to filing any application a complete set of common law searches, with opinion, should be performed to determine if the mark you want to register is in fact available for registration. Our fee for the full common law search of both Canada and the USA is $225.00 (Canadian)

Second: Our fees for professional services: We would be pleased to file EITHER your American or Canadian application. Our fee to prepare, file, and prosecute each application up to and including the issue of the Notice of Allowance, but exclusive of any opposition, is $642.00. This is a flat fee that includes any and all work associated with reporting on the progress of the application to either the client or his agent as well as all replies to issues raised by the examiners. You do not receive any additional invoices from us during the application process. 

Third: the government Fees

1. Trademarks are registered in the USA by classification. In addition to our fees the US Government charges a fee of $325.00 for each classification you want included as part of your registration. We will advise you of suggested classifications and the appropriate fees for same. The application process normally takes 10 - 12 months to be completed.
2. In Canada there no separate fees per classification. The Government has one fee for the application and registration of $350.00. The application process normally takes 10 - 12 months to be completed.
3. Each country has its own set of application requirements. For example; in Canada you can file one application combining both goods and services that are either in use or proposed for use. In the USA you can not combine an application based on "Use" with one based on "Intent to use".

To proceed with your own or any of your clients applications you need to and complete one of our Application Forms.