How to Register a Trademark in Canada
While it is generally advisable to seek the advice of an experienced trademark agent to consider registrability and risks of adopting a particular trademark, any individual, corporation, partnership, trade union or lawful association, (provided they satisfy the requirements of the Trade-marks Act and Trade-marks Regulations)[j1], may seek to register their trademark through filing an application for registration with the Trademarks Office and submitting the requisite fees.
Although the initial costs of seeking the advice of a trademark agent will exceed those associated with ‘going it alone’, obtaining such advice may prove invaluable in terms of assessing the registrability of a mark, the risks of adoption, and appropriately defining the scope of protection necessary for a particular business or to achieve a particular business objective. Nevertheless, whether pursuing a trademark registration with an agent or on your own, it is always advisable to review the requirements of the Canadian Trademarks Office by reviewing applicable legislation, reviewing the Trademarks Database and visiting the website of the Canadian Intellectual Property Office to review the Guide to Trademarks, the document entitled the “Application Process”.
[j1] Trade-marks Act ( R.S., 1985, c. T-13 ) and Trade-marks Regulations (SOR/96-195).
