Trademark & Common Law Research
TradeMark Express conducts comprehensive Canadian trademark services and common law research in the same 4-step approach as in the United States.
- We conduct a Preliminary CIPO Canadian Intellectual Property Office search for FREE. If clear,
- We do a comprehensive Canadian trademark search for US$200 and if legally clear,
- A Canadian National common law search for CA$200 is completed. If legally clear,
- We write and submit a Federal trademark application to CIPO for CA$400 – $100 Premium Package Discount = $300.
Total = $700 – Canadian Comprehensive Trademark, Common Law Research, and CIPO trademark application filing.
If we do your Canadian research, your application preparation is just US$300, which is $100 off.
If your research has been conducted elsewhere, our fee is $400 to prepare your Canadian trademark application. We offer free analysis of your prior legal research report, to double-check if it was analyzed correctly and if in fact it is comprehensive. Our free review affords trademark attorney review as well.
How do you file for registration and how much does it cost?
All Canadian trademarks are filed through the Canadian Intellectual Property Office – CIPO. The initial fee for filing an application is CA$336. Once the CIPO issues a notice that the registration is allowable, the applicant must submit a CA$200 fee for the issuance of the certificate of registration.
How long is the registration valid?
Registration is valid for 10 years and is renewable every 10 years thereafter upon payment of a CA$350 fee.
What is the CIPO Five-step examination process?
When the Canadian Trade-marks Office receives your application, it does the following :
- Searches its trademark records to find any other trademark that may come into conflict with the one you’ve submitted and, if one is found, informs you of it.
- Examines the application for compliance with the requirements of the Trademarks Act and Regulations and informs you of requirements which are not met by the application.
- Publishes the application in the Trademarks Journal, which is issued every Wednesday.
- Allows time for opposition (challenges) to the application. Anyone may, upon payment of CA$250, file a statement of opposition with the Registrar. After considering the evidence filed by either or both parties, the Registrar decides whether to refuse your application or reject the opposition. The parties are notified of the decision and reasons.
- If no one files an opposition to your application, the mark is allowed. Upon payment of the CA$200 registration fee and the filing of a declaration of use in the case of a proposed use trademark application, your mark is registered.
European Community Research
European trademark research is complex because of the different languages that need translations to conduct a comprehensive trademark and common law search and analysis.
Countries that are searched include:
With a worldwide network of search agents and trademark attorneys, our International trademark attorneys offer foreign trademark searches, common law searches and trademark application preparations for all other countries.
We include the surrounding 27 European Countries as they VERY EASILY will do commerce into the EU 27 Countries, while based outside the EU, which will affect Common Law rights. If research is not expanded then an important aspect will be missed. TradeMark Express is the only firm to include the surrounding 27 countries into its research.
$1200 – European trademark search
$1000 – European common law research
$300 – European Union application preparation
$2500 = TOTAL European research & application services
- (EUTM) Information on over 130,000 trademark applications and registrations filed with the European Union Intellectual Property Office (EUIPO).
- (WIPO) Information on over 1.3 million Madrid Agreement and Madrid Protocol trademarks registered with the World Intellectual Property Organization
Any follow-up to the EUIPO/WIPO will not be completed by TradeMark Express and should be taken to a trademark attorney.
WIPO Trademark Research
What is the World Intellectual Property Organization - WIPO?
WIPO pertains to a system of international registration for trademarks. Two treaties, the Madrid Agreement Concerning the International Registration of Marks and the Madrid Protocol, govern this system. An individual who has a connection (be it through nationality, domicile, or establishment) with a country in league with one or both of these treaties may obtain an international registration having effect in some or all of the other countries of the Madrid Union. At present, there are more than 60 countries involved. Fees range from 653-903 Swiss Francs.
What are Community Trademarks?
The Community Trademark (CTM), instituted in April 1996 by the Office of Harmonization in the Internal Market (OHIM), allows an applicant to file a single trademark application to obtain trademark protection in each of the member states of the European Union Members include Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, and the United Kingdom. Fees start at 975 euro.
Aren't the WIPO & Community Trademark searches enough? Why search the individual countries?
All of the filings that are within the individual country databases may or may not be in either of the aforementioned databases. For example, within Germany, there are over 950,000 trademark applications & registrations filed but only 275,000+ of these records are registered with WIPO. To ensure the most comprehensive IP research, it’s recommended that you search all of the individual countries of operation, as well as the WIPO & Community Trademark databases.
Worldwide Common Law Research
International common law research is split into worldwide regions. These regions include :
- United States – $200
- Middle East – $400
- Canada – $200
- Africa – $1000
- Europe – $1000
- Mexico – $200
- Asia Pacific – $1000
- South America – $1000
- With a Worldwide network of search agents and trademark attorneys, our International trademark attorneys offer foreign trademark searches, common law searches and trademark application preparations for all countries.
- Please be aware that because of the limitation of Worldwide sources, compared to the depth of sources in the United States and Canada, we cannot purport our in-house common law research to be comprehensive outside the United States, and Canada.
- For comprehensive common law research for foreign countries outside of the United States, Canada and Europe, we recommend localized common law searches through our trademark attorneys sources in each country.