Trademark FAQ

By: Christopher Heer, Annette Latoszewska, Michelle Huong, Bonnie Headley, Toba Cooper, Daryna Kutsyna, Nikita Munjal | Last updated: January 12, 2025

Sections:

Basics of Trademarks
Pre-filing
The Filing Process
Trademarks and Business
Jurisdictional Trademark Issues

Basics of Trademarks

Pre-filing

The Filing Process

Trademarks and Business

Jurisdictional Trademark Issues

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Trademark FAQ

Sections:

Basics of Trademarks

What is a trademark?

What can I trademark?

What can't I trademark?

What are the benefits to a trademark registration?

What are the steps to obtaining a trademark registration?

How long will it take for a Canadian trademark examiner to review my trademark application?

How long does it take for me to get a registration once I file my application?

What is the difference between a trademark and other types of intellectual property?

What is the difference between a trade name and a trademark?

What is the difference between a registered trademark and an unregistered trademark?

What is a common law trademark?

What do the symbols ® and ™ communicate?

What is the difference between a domain name and a trademark?

Can I register my domain name as a trademark?

Should I hire a trademark agent?

Can two or more persons have the same trademark?

I've formed my corporation, and my corporate name has been approved during the incorporation process. Does that mean I can use this name as a trademark?

If I register my mark in a specific colour or font, can someone else register the same trademark in a different colour or font?

Can I register a trademark that is comprised of ordinary dictionary words?

What are Nice classes of goods and services?

How do I navigate look-alike and sound-alike trademarks?

The trademark I hoped to register has been registered by someone else but is not being used, do I have to pick something else?

Will my personal information be available to the public when I file a trademark application?

My spouse owned a trademark and he or she passed away. Do I own it now?

May I assign or transfer my trademark registration to someone else?

Can I register my trademark name and logo together?

What happens if I use a variation of my registered design trademark? Does that mean I've abandoned my registered trademark?

Pre-filing

When should I apply to register my trademark?

How long does registration last?

How much does registration cost?

What do I need to consider before filing for registration?

Can I file for a word and design together in the same trademark application?

Should any symbols be part of my trademark?

Is a trademark search necessary?

I am debating between two trademarks. Can a search help?

Is registration guaranteed, and if not, can I get a refund of the money I paid to apply?

The Filing Process

In whose name should I apply for my trademark?

What is the best way to describe my goods or services in a trademark application?

What happens to my application once it is filed?

Can I add more products and services onto my trademark after it has been filed?

Am I protected between the filing and registration of my trademark?

Will the trademark examiner check unregistered trademarks?

What happens if I haven't started using the trademark I applied for and my application is allowed?

How long does obtaining a trademark registration take?

How long can a trademark be registered?

What is the renewal process for a trademark registration?

Trademarks and Business

How do I choose an effective trademark?

What should I do if someone claims I am infringing their trademark?

Why should a start-up company care about trademarks?

How do I go about rebranding?

Someone else is using my company's name as a domain name. How can I stop them?

How can I use my trademark to create a brand identity for my business?

Why is it important to preserve evidence of use for my trademarks?

Jurisdictional Trademark Issues

In which jurisdiction should I register my trademark?

Is my trademark valid outside the jurisdiction in which it is registered?

Should I consider foreign trademark registrations?

What is the "Madrid System"?

What is "Convention Priority"?

Do all countries protect unregistered or common law trademarks?

Do I have to be a citizen or resident of the jurisdiction in which I am filing a trademark application?

What are geographical indications?

If you would like our help with trademarks, Pleasse contact us for a complimentary and confidential appointment with a member of our team