Four Steps to Trademark protection.

Securing your rights to use your brand, product, corporate or domain name as a four step process. If you follow all four steps you are assured of your right to the exclusive use of the mark for your business or venture.

1. Step One - the basic pre-screen search.

2. Step Two - the full common law search.

3. Step Three - the application process.

4. Step Four - ongoing proper use.

Step One - the basic pre-screen 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.

Both the Canadian and American trademarks offices maintain a searchable database of marks within each respective country. While the search is an "exact lookup" only it will eliminate direct hits. We recommend, before you order any searches from our service, or any other for that matter, that you search the proposed term with a variety of different spellings through the two main free services on the Internet.

1. Exact hit searches of Canadian Trade Marks database.

2. Exact hit searches of American Trademarks database.

If the marks you are interested in pass this first step then you are ready to have a professionally prepared search report.  Go To our Search Page and complete the request form.

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 basic pre-screen or knock off search, is a search of the existing trademarks data base to determine if the mark, or it phonetic equivalents, is currently in use or applied for. This search is normally completed within two hours of your request and costs $53.50 Canadian or about $40.00 American. See for yourself, view a Sample Report, see an Explanation of how we perform searches; and read our Guarantee. Observe why we proudly proclaim to provide both the business and legal communities with the greatest latitude in access to trademark related information, consulting and availability searching with very little impact on any pocket book.

Step Two - the full common law search.

The second search, called the registerability search, is often referred to as a "Full 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 how the search term is used in business and as part of a corporate name or industry related term. In essence this search is a look for information that will support your registration of the mark by showing how the mark is unique to your business. In other words the mark has a "secondary meaning". The prime reason for ordering this search is the fact that it is supplied with the opinion of a skilled professional who either confirms you have a trademark that is "registerable" or provides reasons why it is not. In a trademark dispute the courts will want to see this information. This search is normally completed within four hours of your request and costs $225.00 Canadian or about $150.00 American. Go To our Search Page and complete the request form.

Step Three - the application process.

Once a "Full Common Law" search has been completed and the results evaluated you are ready to file an application. The application can be filed in either Canada, the USA or some 142 other countries around the world. While the rules vary between countries the basses for the application are the same world wide. The application can be based on either;

1. prior use of the mark by the applicant or

2. on the applicants intent to use the mark at a later date.

However, the mark is only registered once the applicant confirms that the mark is in use.

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 satisfy some specific conditions, unique to each application, where upon the mark is recorded as being registered. In Canada marks are registered for an initial period of fifteen years while in the USA marks are registered for an initial period of ten years.

The fees to register marks vary from country to country. In Canada the Government charges a flat fee of $300.00 Canadian to examine an application and $200.00 to register the mark for the first 15 years. In the USA the government charges a $375.00 American, per classification, to examine and register a mark for the first 10 years. Arvic charges a fee of $642.00 Canadian to prepare, file and prosecute a Canadian trademark application. Arvic charges a fee of $642.00 American to prepare, file and prosecute an American trademark application regardless of the number of classes. To proceed with your application Go To our Application Page and complete the request form.

Step Four - ongoing proper use.

Once a registration issues, the owner is granted a monopoly, the right to the exclusive use of his trademark relative to the specific classification of wares or services for which the mark was registered. In Canada your monopoly lasts for 15 years and can be renewed for an indefinite number of 15 year terms. In the United States your monopoly lasts for 10 years and can be renewed for an indefinite number of 10 year terms. However, If you do not use your mark properly your monopoly can be taken away from you. We have prepared three separate articles on proper use and suggest you read all three. They are:

1. Serving Public Notice of your adoption and use of a trademark.

2. How to use your trademark correctly and,

3. How to use your domain name correctly.

We welcome any question you might have and assure you we will respond to your e-mail. We also invite you to call use toll free at the number listed below.