How Your Trade-mark Application is Processed

Your application for a trade-mark will be processed by the Trade-marks Branch as shown below. Points at which you will be notified about the status of your application and about how long it should take are also shown.

The trade-marks information phone number is 819- 997-1936. Please call this number to find out the status of your application or if you need more information about filing an application.

If you have specific questions on an application already filed, call or fax the numbers shown for the section where your file is in process.

Always quote your application number for quick service. Fees quoted are those in force at the time of printing. Other fees may apply and a complete listing is included in the Guide to Trade-marks.

Note: The following is an overview of how a trade-mark application is processed including approximate timelines. Visit CIPO's service standards to see our service standard commitments.

1. Formalities

Phone: 819-953-8575
Fax: 819-953-2476

If it is in order, complete and includes the filing fee of $250 if submitted on-line or $300 in any other case, your application receives a filing date, an application number, and a file will be created. The application will be entered on the Canadian Trade-marks Database and other databases maintained by external companies. Your application is now described as 'Pending' and moves to step two.

2. Examination

Phone: number as indicated on correspondence or 819-953-8793
Fax: 819-953-2476

A trade-mark examiner will review your application and determine if the trade-mark can be approved for advertisement in the Trade-marks Journal. If it cannot be approved, you will be advised why and may be able to amend certain aspects of your application so it can be approved. You may also submit arguments if your application has been objected to. If changes are not possible, you may abandon your application or it may be refused by the Registrar of Trade-marks. If your application is refused you may appeal this through the courts. Please note that failure to respond to the examiner's report and reminders may result in automatic abandonment. When approved, your application moves to step three.

3. Advertising

Phone: number as indicated on examiner's report or 819-997-1936
Fax: 819-953-2476

If it is approved, your application will be published in one issue of the Trade-marks Journal — published weekly and available by subscription and in some major libraries in Canada. Within two months of being advertised your application can be opposed by someone else and will then be removed from the normal processing cycle until the opposition has been resolved. See step four for what will happen if your application is opposed.

4. Opposition

Phone: 819-997-7300
Fax: 819-997-5092

If your application is opposed after being advertised in the Journal, the Opposition Board will forward to you a copy of the statement of opposition. Should you wish to contest the opposition, you will have one month to serve and file a counter statement. Both parties will, in turn, have an opportunity to file affidavit evidence and written arguments, as well as to make submissions at an oral hearing. If the opposition is withdrawn or is unsuccessful, your application will proceed to allowance. See step five.

5. Allowance

Phone: 819-953-1154
Fax: 819-953-2476

Your application will now be allowed for registration. Note that this does not mean your trade-mark is registered — you have to submit the required registration fee of $200 for the mark to be registered as described in step 6. If your application is for a proposed mark you may request extensions of time until your mark is actually in use. There is a fee of $125 per extension.

6. Registration

Phone: 819-934-9278
Fax: 819-953-2476

You must send in the registration fee and, if you applied for a proposed trade-mark, a declaration of use indicating that the mark is being used. Your trade-mark now moves from 'Pending' status and becomes a 'Registered trade-mark'.

How long it will take to register your trade-mark can vary. If it is filed correctly, approved without changes, and it is not opposed, you should receive the notice of allowance about 20 months after filing. Send in the registration fee and the declaration of use (for proposed marks), and your mark should be registered about four weeks later.

If your application is submitted incorrectly, or if it is not approved on the first examination, it will take longer. You can make the process faster by responding quickly to notices from the Trade-marks Branch. Once approved your application should be allowed within four months unless it is opposed. The time from allowance to registration depends on you.

Please make all cheques payable to the Receiver General of Canada.