Discussion with your lawyer or trade-mark agent

"You name it!"

If you wish to consider the possibility of registering a trade-mark in Canada, you should discuss the matter with a lawyer or trade-mark agent as early as possible. To expedite your initial discussions with your lawyer or trade-mark agent, the following information will be helpful.

  • Trade-mark (if a design, provide at least four copies and four samples of the trade-mark as used).
  • Wares – describe in detail.
  • Services – describe in detail.
  • Name of applicant – legal name in full. If the applicant is not an individual, identify it more precisely (i.e. corporation, partnership). Does the applicant use a “trading style”?
  • Address of applicant.
  • Use of the trade-mark including information as to the product sold or the services given and advertised. Include where, when, by whom. Include marketing information.
  • If the trade-mark has not been used, advise where you intend to use the trade-mark, and advise how the applicant intends to distribute and sell the wares, or market the services.
  • Existing registrations – If the trade-mark is registered anywhere, provide details of registration(s).
  • Existing applications – If a trade-mark application has been filed anywhere, provide details of the application(s).
  • Convention priority to be claimed; this is important if you have filed an application in another country within the previous (6) six months.
  • If the trade-mark is to be used by anyone other than you, provide details.
  • Have any searches been conducted in Canada to determine if the trade-mark is available for use. If yes, provide details.
  • In what countries do you wish to seek formal protection for your trade-mark?
  • Is there any reason to expedite prosecution of a trade-mark application in Canada or elsewhere?