Tax Question:
What is the trademark registration process?
Facts:
The first step of any branding strategy, and certainly before filing a trademark registration application, should always include a search for similar trademarks being used with similar or overlapping goods and services.
This leads to the question of whether searching the trademark office online database is enough. The short answer is probably no. Searching for other marks requires not only looking for exact matches but also marks that are similar visually, phonetically, and similar in commercial impression.
Filing of Application
The next step is to file a trademark application and pay the applicable fees to the government department responsible for the trademark register. In Canada, this is the Canadian Intellectual Property Office (CIPO), and in the US this is the United States Patent and Trademark Office (USPTO).
Assigned to Examiner: After several months the application is assigned to an examiner who will review the application to determine if the application complies with all technical requirements. The examiner also conducts a search of the trademark register to determine if there are any conflicting registered marks or applications in the queue.
Office Actions
If any issues are raised by the examiner, an office action letter will be sent to the applicant (or the trademark agent/attorney) with an opportunity to respond to the issues raised.
Publication for Opposition
If and when all issues are resolved, then the application will proceed to publication for opposition. The publishing of the mark provides any third party with the opportunity to oppose the trademark application. Typically, this happens if an owner of a mark believes the trademark is similar to their mark in a way that could cause confusion as to the source of the goods or services associated with the mark.
Registration
If no opposition is made to the application, then the trademark will proceed to registration.
If you would like more information on this topic, please contact a member of the Empire CPA team by filling out the contact form below.
Canadian and foreign tax laws are complex and have a tendency to change on a frequent basis. As such, the content published above is believed to be accurate as of the date of this post. Before implementing any tax planning, please seek professional advice from a qualified tax professional. Empire, Chartered Professional Accountants will not accept any liability for any tax ramifications that may result from acting based on the information contained above.
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