Trade-Marks in Canada: Procedures and Estimated Costs

Using an unregistered mark, confers only limited rights and protections on the user/owner. Registration provides enhanced rights and advantages, including:

• Proof of ownership
• Exclusive use across Canada for up to 15 years (subject to renewals)
• The right to sue others for infringement and claim additional damages
• The right to claim priority and to apply for registration in the U.S., and many other countries, for up to 6 months.

The cost and procedures related to applications for trade-mark registration in Canada are set out below.

1. Searches

Prior to investing time and money in developing a new brand or trade-mark, and before using a mark in business or making application to register, it is prudent to undertake searches and to have the searches reviewed by counsel. There are different levels and types of searches which may be appropriate, depending on the circumstances. Clients may also request a written opinion.

 

	Fees	Disbursements1 (Search Company Fees)
Full Availability (comprehensive search)	$500 – 1,0002	$485
Registry (check of Trade-mark registry)	$400	$210
Design (for a logo)	$500	$225
Combined Design/ Word	$500 – $1,0002	$585
Combined U.S./ Canadian	$1,000 – $1,5002	$1,100

 
¹ one day turnaround
² for search and legal opinion

2. Applications

The following approximate fees apply for a single, straightforward trade-mark application in Canada. In the event of unanticipated complications, additional fees would be payable, based on the amount of time required to deal with the issues.

 

	Fees	Disbursements (Government fees)
Initial consultation / basic pre-screening	$500 – $1,000
Preparing / Filing Trade-Mark Application	$1,000 – $1,500	$250
Responding to Trade-Marks office / prosecuting Application to conclusion	$500 / per office action
Registration and obtain Certificate	$250	$200

Please note that the process of obtaining registration can be relatively slow, normally between 15-20 months from application to final registration in Canada.

FOR MORE INFORMATION CONTACT:

Paul Bain, is a partner in Dickinson Wright’s Toronto office. He can be reached at 416.646.8364 or pbain@dickinsonwright.com.

This client alert is provided on an ‘as is’ basis and for general information purposes only. It should not be used as a substitute for, or construed as specific legal advice. All liability is expressly disclaimed.

For a printable version of this trade-mark client alert, click here.