We Protect Your Brand Image.
We offer a full range of services in connection with the trademark registration process: preliminary advice as to the registrability of the mark, availability searches, preparing and filing of the application, responding to examination reports, representation in opposition or summary cancellation proceedings, renewal, assignment, licensing, litigation.
Our lawyers and registered trademark agents ensure that your trademarks are protected and enhanced, both in Canada and abroad. Our team advises you on the strategic choices you must make at the earliest stages of your trademark’s development. We have the know-how to assist you throughout the registration and renewal process of your trademark.
It is recommended to perform an availability search before using or registering your trademark. This will avoid investing time and money on a trademark that will not hold up. We offer a variety of search formats with opinions adapted to your needs whether for Canada, the United States or elsewhere in the world. Please contact us for a consultation or a quote.
Applications for Registration
The Trademarks Act contains several grounds for refusing an application for registration of a trademark. It is a long and sometimes complex process that requires a thorough knowledge of trademark legislation and the requirements to be met.
In Canada, the registration is valid for 10 years and is renewable indefinitely if the trademark is used in the manner prescribed by the Trademarks Act. To keep your trademark secure, it is necessary to know how to protect your rights. Indeed, certain actions can weaken your registration and lead to its cancellation. A registered trademark confers exclusive rights throughout Canada if certain conditions are respected. For example, the mark used must be the same as the one registered and the owner of a mark must control the characteristics or quality of the goods and services offered under its mark. Our trademark agents can advise you on how to best protect your trademarks.
Madrid Protocol and Foreign Application
Canada joined the Madrid Protocol in 2019. Canadians can now obtain an international trademark registration. The Madrid system, which allows for the filing of a single application designating multiple jurisdictions, is often less costly than filing applications in each country where protection is needed. However, it also has disadvantages, in particular because of the period of dependence on the Canadian application or registration. This means that a loss of rights for the corresponding mark in Canada will result in a loss of rights for the international registration for all designated countries. Our experienced trademark agents will be able to advise you on the optimal strategy for your needs.
Proceedings before the Opposition Board
We are also here to represent your interests in opposition or summary cancellation proceedings. Our professionals can represent you in an administrative dispute before the Opposition Board.
Assignment, License or Franchise Agreement
A trademark is an intangible asset that can be transferred or licensed. It can also be the basis of a franchise agreement. Our professionals can draft contracts adapted to your needs.
Our litigation team can represent you as the plaintiff as well as the defendant for all your intellectual property cases. We prepare your cases thoroughly and carefully. Please contact us for a consultation.
- Assignment of trademarks
- Certification marks
- Intellectual property due diligence
- International Trademarks
- Management of trademark portfolios
- Negotiation and drafting of agreements, licenses, and franchises
- Official marks
- Preparation, filing and prosecution of trademark registrations
- Renewal of trademark registrations
- Responses to objections to the registration of a trademark
- Trademark availability searches
- Trademark cancellation proceedings
- Trademark Litigation
- Trademark Monitoring
- Trademark opposition proceedings
- Trademark portfolio audit
- Trademark selection and protection strategies
The College of Patent Agents and Trademark Agents Starts its Activities
On June 28, 2021, Canada’s new College of Patent Agents and Trademark Agents begins operations.
Requests for expedited examination of trademark applications: rights at risk and impact of COVID-19
The current average delay of the Canadian Intellectual Property Office ("CIPO") between the date of filing of a trademark application and its examination is 30 months.