How your trademark application is processed

The Canadian Intellectual Property Office (CIPO) will process your application according to the steps below. Find out how and when we will let you know about the status of your application, as well as any fees you have to pay.

This is an overview of the process, including the time it generally takes. To read our service commitment to clients, see our application processing times.

If you have specific questions about your application, please use the contact numbers listed below based on the stage of your application. Always mention your application number for quick service.

For general information on trademarks, your application status, and how to file, contact our Client Service Centre.

Steps

  1. Formalities
  2. Examination
  3. Publication
  4. Opposition
  5. Registration

1. Formalities

Phone:
1-866-997-1936
Fax:
819-953-2476

If your filed application meets the filing requirements including the payment of the application fee, we will assign a filing date and an application number to your application, and open a file.

We will enter your application in the Canadian Trademarks Database as well as other databases run by outside companies. We will label your application as "Formalized".

How we will tell you

We will send you a formal filing acknowledgement and a proof sheet that details the information you included in your application within seven business days from the receipt of the application if done online, and within 20 business days in any other case. Please read it carefully and tell us immediately if there are any errors or if we haveleft anything out.

2. Examination

Phone:
Will be the same number as on the examiner's report or 1-866-997-1936
Fax:
819-953-2476

A trademark examiner will review your application and determine if the trademark can be approved for advertisement in the Trademarks Journal. If there are any doubts about your application, the examiner will let you know. You will then be able to respond. If your response does not satisfy the examiner, you will get a letter letting you know that your application has been refused and explaining why. If your application is refused, you have the right to appeal to the Federal Court of Canada.

How we will tell you

  • We will tell you by phone if your application has simple problems that can be fixed verbally.
  • We will send you an examiner's report if the problems are more complex and you will have six months to respond.
  • We will send you a formal notice of approval once we approve your application.

3. Publication

Phone:
Will be the same number as on the examiner's report or 1-866-997-1936
Fax:
819-953-2476

If we approve your application, we will publish it in the Trademarks Journal, published on a weekly basis on the CIPO website. Within two months of the advertisement, others can oppose your application. If that happens, we will wait until the matter has been settled before we continue working on your application.

How we will tell you

We will not contact you at this stage unless your application is opposed. If this happens, the Trademarks Opposition Board will notify you in writing.

When we will tell you

Your application should appear in the Trademarks Journal approximately two weeks after we approve it.

4. Opposition

Phone:
819-997-7300
Fax:
819-953-2476

If someone opposes your application after we have published it in the Trademarks Journal:

  • We will send to you a copy of the statement of opposition.
  • If you want to contest the opposition, you will have two months to file a counter statement with us and serve a copy on the opponent.
  • You and the party opposing your application will then both have a chance to file evidence and written arguments, as well as make submissions at an oral hearing.
  • If the opposition is withdrawn or is not successful, your application will move forward to allowance.
  • If the opposition is successful, your application could be totally or partially refused.

How we will notify you

You will know that your application has been opposed when the Trademarks Opposition Board sends you a copy of the statement of opposition.

When we will notify you

As soon as the statement of opposition has been received and assessed, a copy will be sent to you.

5. Registration

Phone:
1-866-997-1936
Fax:
819-953-2476

If you filed your trademark application prior to June 17, 2019 you will still be required to pay the registration fee and we will send you a notice to do so.

If you filed your trademark application after June 17, 2019 there is nothing else to do and we will issue your certificate of registration!

How we will tell you

We will mail you the official certificate of registration.


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