In general, U.S. trademark law is very similar to Canadian. The same general principles apply in terms of the application and registration process and in terms of dealing with disputes. However, there are several points that should be noted:
- Application Charges – In Canada, there is a single application charge of $250. For the U.S., the application charge is based on the items covered and the number of ‘classes’ they fit into.
- Supplemental Register – For marks that would otherwise be too descriptive to register, registration is possible on the Supplemental Register.
- Priority Filing – If you file a U.S. application within six months of the Canadian application, your U.S. application date will be backdated to the date of your Canadian application.