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Benelux trademark protects Belgium, Netherlands and Luxemburg. In order to obtain trademark protection in Benelux you can register your trademark in two ways: First option is that you request registration in the entire European Union with one single application; this can be done via the European Union Trademark which grants trademark protection in the 28 country members of the EU (more info here). Second option is that you register directly your trademark in Benelux. If you want to proceed this way please follow the steps described belows.
Step 1 - Comprehensive Trademark Study
Planning to file a trademark in Canada? Don't risk wasting time and money on a registration that won't go through. Our Comprehensive Trademark Study helps you identify potential issues before you file, including conflicting trademarks and registrability issues. Our expert trademark attorneys provide an opinion on the registration possibilities of your trademark, giving you the confidence you need to move forward with your application.
Identify Potential Conflicts Before Filing Your Trademark
Expert Guidance to Avoid Costly Legal Disputes
Streamline Your Trademark Registration Process
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Step 2 - Trademark Application Filing
Our team of trademark attorneys will handle the entire process of filing your trademark application in Canada, ensuring that all necessary formalities are completed for the approval and final registration of your trademark. We'll keep you informed every step of the way, starting with a filing report that includes your application number and date of submission, as well as a scanned copy of your application. You can be confident that your application will be processed quickly and accurately.
Experienced Trademark Attorneys for Your Application
Filing Report and Scanned Copy of Trademark Application
Online Tracking of Trademark Registration Status
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Step 3 - Trademark Registration Certificate
Once your trademark application is approved, our team will handle all the formalities necessary to obtain your trademark registration certificate in Canada, ensuring the process is completed smoothly and efficiently. Once the certificate is issued, we'll send it to your address along with a report that includes your registration number. We'll also monitor and notify you of any important dates related to your registration to ensure that your trademark remains in good standing.
Experienced Trademark Attorneys Assistance
Delivery of Registration Certificate and Report
Monitoring and Notification of Important Dates
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Frequently Asked Questions
Comprehensive Trademark Study
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Why the registration process has been structured in two steps?

By structuring the trademark registration process in two steps, we help our clients save time and money by identifying potential issues before filing. If our Comprehensive Trademark Study determines that your trademark is not registrable, you will not need to order the second step service Trademark Application Filing. This means that you can avoid the costs associated with a rejected application and move forward with a new trademark registration strategy. Our two-step process ensures that you can proceed with confidence and that your resources are being used effectively.

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What is a Comprehensive Trademark Study?

A Comprehensive Trademark Study is a written analysis of potential conflicts and registrability issues related to your trademark, conducted by our expert trademark attorneys. It helps you identify potential issues before filing your trademark application.

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What does a Comprehensive Trademark Study include?

In Canada, the Comprehensive Trademark Study consists of three sections:

  1. Scope of Analysis: We evaluate the classes in which your trademark should be protected in Canada, based on the goods and services you provide to us.
  2. Trademark Search: We identify identical and similar trademarks present in the Canadian Intellectual Property Office (CIPO) database and the World Intellectual Property Organization (WIPO) database.
  3. Recommendations: Our attorneys assess the trademark search results and offer you an estimation of the trademark registration probability, along with recommendations on whether to proceed with filing your trademark, modify it, or consider an alternative trademark.
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Do I need a Comprehensive Trademark Study before filing my trademark application?

While a Comprehensive Trademark Study is not required, it is highly recommended. It can help identify potential issues and increase your chances of a successful trademark registration.

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Why is a Comprehensive Trademark Study so important?

A Comprehensive Trademark Study is crucial in determining if your trademark can be used or registered successfully. A significant number of trademark applications face rejection during the registration process due to reasons such as:

  1. Preexisting registrations of similar trademarks, either graphically or phonetically, leading to a "likelihood of confusion."
  2. Similarities with well-known foreign trademarks, regardless of their registration status in the specific country or territory.
  3. Rejection of trademarks considered generic, indicative, or descriptive.
  4. Inclusion of words, names, symbols, or other marks deemed unacceptable for registration.
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How long does the Comprehensive Trademark Study takes in Canada?

The Comprehensive Trademark Study typically takes less than 3 business days to complete.

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What type of trademarks can be registered in Canada?

Our online forms support the following trademark types for Canada:

  • Word Mark: This type of trademark consists solely of text elements.
  • Figurative Mark: This type of trademark is composed exclusively of graphic elements, without any text.
  • Combined Mark: This type of trademark combines both graphic (logo) and text (word mark) elements.

Other kinds of trademarks, such as sounds, scents, holograms, motions, touch, tastes, 3-dimensional shapes, and colors, can also be registered in Canada. If you need to protect any of these trademark types, please contact us.

The search strategy for our Comprehensive Trademark Study will vary depending on your trademark type. For instance, if your trademark is a figurative mark, we will search for similar designs using advanced image recognition search engines.

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Why the price of the Comprehensive Trademark Study varies for different trademark types?

The price of a Comprehensive Trademark Study may vary for different trademark types due to the complexity and resources required for each search and analysis.

  • Word Mark: Searching for word marks typically involves querying databases for identical or similar textual elements. While this process can be straightforward, it may still require time and expertise to analyze the results accurately.
  • Figurative Mark: Searching for figurative marks is generally more complex, as it involves comparing graphic elements using advanced image search engines. This process demands more resources and expertise, as the search must account for various design features, patterns, and shapes, increasing the time and effort required for a thorough analysis.
  • Combined Mark: As combined marks include both text and graphic elements, the search process requires a comprehensive analysis of both components. This type of search may be more time-consuming and resource-intensive, as it involves assessing the similarities and differences between text and graphical elements in the database.

Due to these varying levels of complexity and resource requirements, the price of a Comprehensive Trademark Study can differ for each trademark type.

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What happens if the Study advises against registration?

If the Comprehensive Trademark Study suggests not proceeding with your trademark registration in Canada, you can opt to request a new study at no extra charge.

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Is it possible to conduct a trademark search and analysis on my own?

Yes, you can perform a trademark search and analysis independently, but we recommend seeking assistance from experienced attorneys by ordering a Comprehensive Trademark Study.

To assess whether your trademark can be registered, consider the following steps:

  • Conduct a trademark search: Carry out a comprehensive search for identical or similar trademarks in relevant databases. This search will help identify potential conflicts with existing trademarks.
  • Determine the appropriate trademark classes: Identify the classes of goods and services applicable to your trademark based on the products or services you provide. This classification will enable you to concentrate on pertinent trademark registrations during your search.
  • Evaluate distinctiveness: Ensure your trademark is distinctive and not generic, descriptive, or misleading. A robust trademark should be unique and not directly related to the goods or services it represents.
  • Avoid prohibited elements: Confirm that your trademark does not contain any prohibited elements, such as offensive content, national flags, or protected symbols. Review the regulations and guidelines of the relevant intellectual property offices for more information.

By following these steps, you can determine the registrability of your trademark and improve the chances of a successful registration. However, ordering a Comprehensive Trademark Study will provide valuable guidance and expertise throughout the process.

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Is there a trademark search engine for Canada?

Yes, the Canadian Intellectual Property Office (CIPO) provides an online trademark search database use it to search for registered and pending trademarks in Canada. The search engine allows you to look for trademarks based on various criteria such as keywords, registration number, owner details, and more.

To access the CIPO Database, visit the following link:
https://www.ic.gc.ca/app/opic-cipo/trdmrks/srch/home?lang=eng 

You can also visit our own Canadian trademark search engine which might be easier for you to use. To access it, visit the following link:
https://www.nominus.com/en/tm/canada-trademark-search 

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What are the types of marks that cannot be registered as trademarks in Canada?

You cannot register:

  • any generic name
  • signs that are in conflict with Canada’s moral standards
  • signs that may threaten public order
  • name of any international organization
  • flag of states or symbols of nations and regions
  • surnames
  • non-distinguishable marks
  • geographical names
  • deceptive names that may suggest a connection with a living person
  • portrait of a person who died within the last 30 years
  • signature of a person who died within the last 30 years
  • marks associated with a variety of plant (Plant Breeders' Rights Act)
  • marks that can be mistaken as similar-looking to any mark published in the Canadian Trademarks Journal
Trademark Application Filing
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What is the process of trademark registration in Canada?

The trademark registration process in Canada involves several steps, all of which are included in our "Trademark Application Filing" service:

  • Trademark Application: We will handle the filing of your trademark application. To do so, you will need to provide us basic information about the trademark. 
  • Office examination: After filing the application, a Canadian Intellectual Property Office (CIPO) examiner will review it for compliance with their own regulations. If the examiner identifies any issues, they will issue an Examiner's Report outlining the objections. We will inform you about this and advice on possible course of actions.
  • Approval and advertisement: Once the examiner is satisfied with your application, it will be approved for advertisement. Your trademark application will then be published in the Trademarks Journal, which is issued every week.
  • Opposition period: After publication, there is a two-month opposition period during which any third party may file an opposition to your trademark application. If an opposition is filed, you will need to respond and resolve the dispute before proceeding with the registration. We will inform you about this and advice on possible course of actions.
  • Allowance and registration: If no opposition is filed or if the opposition is resolved in your favor, the trademark will be allowed. Once CIPO issue the Certificate of Registration, we will make sure that it is forwarded to your address.

Your trademark registration will be valid for ten years from the registration date. You will need to renew your registration every ten years to maintain the trademark's protection. We will let you know when this is possible.

Keep in mind that having Nominus.com at you side can help you navigate the registration process and improve the chances of successful registration.

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What information do I need to provide when filing a trademark application in Canada?

When filing a trademark application in Canada, you will need to provide information about the applicant, the trademark, and the goods or services associated with the trademark.

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What is the cost of filing a trademark application in Canada?

The cost of filing a trademark application in Canada varies based on factors such as the type of trademark and the number of classes involved.

For trademarks that are either "Word Mark", "Figurative Mark" or "Combined Mark," we charge USD $499 for the first class and USD $199 for each additional class. These prices already include all fees associated with the Canadian Intellectual Property Office (CIPO).

If your application receives an objection from the examination officer, a response will be required to address these issues. The cost of preparing the response depends on the complexity; in most cases, we charge between USD $70 and USD $150. Similarly, if your trademark encounters opposition, a response must be prepared to address the opposition.

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How long does it take the process of trademark registration in Canada?

The average time for processing a trademark registration in Canada is around 18 months, but it can vary depending on the complexity of the application and whether any objections or oppositions arise.

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Can I apply for a trademark registration in Canada if I am not a Canadian citizen or resident?

Yes, you can apply for a trademark registration in Canada even if you are not a Canadian citizen or resident.

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Do I need to have a Canadian address to file a trademark in Canada?

No, you do not need to have a Canadian address to file a trademark application in Canada.

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Is a Power of Attorney required for a trademark application in Canada?

In Canada, a Power of Attorney is not necessary for us to file your trademark application. However, if your trademark has already been filed and you require us to take over the representation of the trademark, a Power of Attorney will be needed.

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How long does it take to obtain a trademark registration certificate in Canada?

The time it takes to obtain a trademark registration certificate in Canada varies, but it usually takes around 2-3 months after the trademark has been approved for registration.

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Is it necessary to use my trademark in Canada to obtain the registration?

No, using your trademark is not required for trademark registration in Canada. However, once your trademark is registered, you will need to use it within three years to avoid potential non-use cancellation proceedings. If you do not use your trademark within this time frame, a third party may challenge your registration on the grounds of non-use, and your trademark could be at risk of cancellation.

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Is it possible to claim priority when filing a trademark application in Canada?

"Claiming priority" refers to a provision under the Paris Convention, an international treaty that enables trademark applicants to benefit from an earlier filing date in other member countries. When you claim priority, the filing date of your initial application in one member country can be used as the effective filing date in another member country, provided the subsequent application is filed within six months of the initial filing.

It is possible to claim priority for trademark registration in Canada if you have filed a trademark application in another Paris Convention member country within the past six months. By claiming priority, your Canadian trademark application will be treated as if it was filed on the same date as your initial application in the other country, giving you an advantage in case of competing applications or potential trademark conflicts.

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How long is a registered trademark valid in Canada?

In Canada, a registered trademark remains valid for an initial period of 10 years. To maintain its validity, the trademark registration can be renewed indefinitely every 10 years, as long as the renewal fees are paid and the trademark remains in use.

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My trademark has design elements, how many applications should I file?

The number of trademark applications you should file depends on the characteristics of your mark, your budget, and the level of protection you want to have in Canada.

If your trademark includes distinct textual elements and design elements (graphics or logos), and you want both aspects to be protected, we recommend filing two trademark applications: one for the textual elements only (filed as a "Word Mark") and another for the combined design and text elements (filed as a "Combined Mark").

Filing two trademark applications has several advantages:

  1. Broader and stronger protection: If a third party files a "Combined Mark" with text similar to yours but a different design, their mark could still be accepted for registration if you only filed a "Combined Mark" and not a "Word Mark." This is because the third party's mark, as a whole, is considered different from yours.

  2. Protection for logo evolution: Companies often update their logos over time. If you only file a "Combined Mark" and not a "Word Mark," your new logo won't be protected. You must use your trademark exactly as registered; otherwise, it may be subject to cancellation.

  3. Comprehensive verbal and graphic protection: Filing a "Word Mark" application offers greater flexibility in using your mark in various ways, such as stylized text or different designs (as long as they aren't too similar to registered trademarks owned by third parties). Simultaneously, filing a "Combined Mark" protects your mark's design elements.

If your trademark also includes a slogan or a unique design symbol, we suggest filing separate applications for each to provide additional protection.

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Is it possible to claim priority for trademark registration in Canada?

"Claiming priority" refers to a provision under the Paris Convention, an international treaty that enables trademark applicants to benefit from an earlier filing date in other member countries. When you claim priority, the filing date of your initial application in one member country can be used as the effective filing date in another member country, provided the subsequent application is filed within six months of the initial filing.

It is possible to claim priority for trademark registration in Canada if you have filed a trademark application in another Paris Convention member country within the past six months. By claiming priority, your Canadian trademark application will be treated as if it was filed on the same date as your initial application in the other country, giving you an advantage in case of competing applications or potential trademark conflicts.

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