Trademarks
Our Trademark Drafting, Filing, and Prosecution Experience
At Conneely PC, we expertly draft, file, and prosecute trademark applications. Marks associated with consumer goods, industrial goods, software, sportswear, retail, fashion, and apparel are our specialties. If you need an experienced Canadian trademark lawyer, agent, or attorney for prosecuting your applications in Canada, please contact us. By specializing, using the latest technology, and controlling overhead costs, we deliver great service for reasonable fees.
What A Trademark Registration Protects
A trademark registration protects the brand associated with a product or service. A trademark identifies the source or supplier of the product or service. It may be a name, logo, slogan, design, colour, or even a sound.
When To File A Trademark Application
A trademark application may be filed before or after the use of the mark has begun. If the mark is new, it is advisable to have a clearance search performed to determine if the mark is available and registrable before your use of the mark begins.
Where To File A Trademark Application
A trademark application must be filed in each country where protection is desired, for example, Canada and the United States.
Renewal, Use, Confusion, Etc.
Please visit our blog page for posts concerning Canadian trademark renewal, filing basis, use, proposed use, priority, examination, descriptiveness, confusion, amendment, approval, advertisement (or publication), allowance, registration, term, and recent case law.
Information Required to File a Trademark Application in Canada
Providing the following information will allow us to quickly and cost-effectively file your application in Canada:
1. Full name and address of the applicant.
2. The applicant’s predecessor in title to the trademark, if any. If there are multiple predecessors in title, please provide the chain of title.
3. The trademark to be registered. For word marks, please provide the word or words to be registered. If the mark includes a word or words which are not in English or French, please provide a translation of the word or words into English or French. Please indicate if any word or words in the mark are coined words or terms. For design marks, please provide a copy of the design in electronic form (e.g., tif or pdf).
4. If the mark is in colour, please indicate if colour is to be claimed as a feature of the mark and if a particular colour scheme is to be used.
5. A list of goods and services that the trademark is used in association with along with their international classes.
6. If priority is to be claimed, please provide the country of filing, filing date, application number, and a list of the goods or services for the priority application. A certified copy of the priority application is not required for claiming priority. However, a non-certified copy of the priority application should be provided for our records.
Information Required to Draft a New Trademark Application
A trademark disclosure form is a questionnaire used to records details about a new or existing mark. They are used by companies both large and small, universities, and individuals. The questions listed in the form act as a guide to gather the information required to draft or prepare a new trademark application. That information includes details about the mark, ownership of the mark, chain of title, assignment, licensing, searches conducted, similar marks known or uncovered, any use or upcoming use of the mark, countries where protection is desired, etc. The disclosure form thus acts as a record of your organization’s mark. These forms may be gathered, evaluated, and ranked to determine which marks should be protected with a registration. They may also be used as a basis for incentivising marketers, designers, teams, and projects. Please contact us and we’ll send you a copy of our trademark disclosure form for your use.
Questions?
Please contact us if you have any questions!
