Smuglers’ Process and Costs
You will find set out below the 5-step process we follow for most trademark registration applications. A description of the services provided as well as the normal costs (without tax) are set out. You can begin the process by ordering your free prescreen search .
Stage 1: Preliminary PreScreen Search
The prescreen search is the first step of a trademark analysis. It looks for exact matches for the trademark. This is an exact-character search of the Industry Canada database of 8 million registered trademarks and business names. If there is an exact match that deals with the same or similar wares and/or services as yours, then you may have to consider a different name. If your wares and/or services are different from any of the matches, then it is likely that your mark is reasonable candidate for registration. You should then go on to order a comprehensive name search and report.
Stage 2: Comprehensive Name Search and Report – $275 fee
The second step is to conduct a more comprehensive name search for confusingly similar trademarks. This is necessary because they also can lead to infringement problems. Our services include:
- ordering the NUANS Trademark Long Report and reviewing each of 160 citations
- reporting to you on the results of the NUANS Search
- providing you with our Registered Trade-mark Agent’s Official Opinion as to Registrability.
Stage 3: Preparation and Submission of Application – $500 fee + $250 Government Application Charge
If the results of the trademark search are favourable, then you can move on to the actual application for registration. If the results indicate potential problems, then we work with our clients to develop a more acceptable mark. There is no additional charge if a second set of searches is required. Our services at this stage include:
- making changes to proposed trademark if required
- further searches as necessary
- reviewing wares and services to be claimed and making recommendations
- reviewing ‘use’ of the trademark and ensuring that the application properly reflects the actual and/or proposed uses
- preparing draft application for client approval
- submission of the Application to the Government of Canada on your behalf, as Registered Trade-mark Agent, at which time the government application charge of $250 must be paid
- electronic transmittal of the formalized Application to you
- comprehensive Reporting Letter
- advising you of first Office Action received from CIPO
Stage 4: Examiner’s Report – $0-$500 fee
Approximately 6-8 months after your application is submitted, it will be reviewed by CIPO. If the Examiner has issues with the application, he/she will send an Examiner’s Report. The most common matters raised include disclaimers, descriptions, descriptiveness and confusion. If there is an Examiners Report, then our fees are based on the time required. We will always provide you with a fixed price quote beforehand for your approval.
Stage 5: Approval, Allowance and Certificate – $350 fee + $200 Government Charge
Confirming and reporting Notice of Approval for Publication, monitoring Opposition Period, receiving and forwarding Notice of Allowance, filing final documents together with payment of registration fees, checking and forwarding registration certificate
If your application is based on a proposed use, then a Declaration of Use will be required, for which our normal fee is $200. Also, if there is an Opposition involved there will be additional costs, but we will always seek your prior approval before proceeding.
How to Start
If you’re ready to start the process now, you can either request the free trademark search or call us to order the comprehensive name search. If you have any questions or wish further information, do not hesitate to contact us.
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