The Trademark Registration Process

Assuming a trademark is considered to be available following completion of the search process, we normally recommend that an application be filed to register the trademark as soon as possible to establish its priority.

The approximate time between the filing of an application and the issuance of a registration (depending on the speed of processing by the Trademark Office) is between 10 and 14 months. During the application process, the application must be examined, approved and subsequently allowed by the Trademark Office. Such allowance will not occur until it has been established that third parties have not opposed the application, having been given an opportunity to do so following publication of the trademark in the Canadian Trademark Journal or the U.S. Official Gazette, as the case may be. Once allowed, the application will proceed to registration provided use of the trademark has commenced in the relevant country.

The chart below provides a general outline of the trademark registration process in both Canada and the United States.

Trademark Registration Process Graph

* Timelines provided are an estimate