Newfoundland and Labrador - Apply for a Trademark

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Procedure

Apply In-Person:

1. To apply for a Trademark in person, the applicant has to visit the Canadian Intellectual Property Office.
2. The address and contact details of the office can be found in the following Contact link
3. Visit the office and obtain an application form for Trademark, from the relevant department. The applicant can also hire a registered trademark agent to handle the process.
4. A list of trademark agents can be found in the following List of agents
5. In any case, make sure that all the documents in the “Required Documents” section of this page are available.
6. The applicant has to complete the form with all the required details and then attest it with their signature, once completed.
7. During the application submission, the applicant will have to pay the application fees by credit card (VISA, MasterCard, or American Express), direct payment or cheques made payable in Canadian dollars, to the Receiver General.
8. Complete fees details can be found in the “Fees” section of this page. On receiving the application form, the official in-charge will go through the application to make sure if it is complete.
9. If not, the office will contact the applicant to obtain the information required to make the application complete. After that, the application will be allocated a filing date and an application number.
10. Then, they will conduct a trademark search and ensure that the proposed trademark has not been registered already.
11. An examination will also take place to make sure whether the proposed trademark can be advertised and registered further. The examiner will perform a second database search after which the trademark will be advertised on the website.
12. If there is no opposition, or if an opposition has been decided in the applicant’s favour, the Registrar will send them a certificate of registration and enter the trademark in the Register of Trademarks.

Apply online

1. To apply for a Trademark online, the applicant has to visit the following Apply online
2. Visit the link, scroll down and click the “Log in to the Trademark e-filing application” button. In the next page, two secure login provider links will be available.
3. Using GC Key
   • If the applicant wishes to proceed using GC Key, they should click “GCKey” button and sign in page will be opened.
   • Enter the user details in the respective fields, then click “Sign In” button, if the applicant already has an account.
   • If not, click the “Sign Up” button to create an account. Click “I accept” button and type an appropriate username in the next tab.
   • Click “Continue” button and create a password for the account in the next tab, then click “Continue” button.
   • Create Recovery Questions, Answers and Hints in the next page and click “Continue” button. Click “I agree” button in the next page.
   • In the next page, there will be two options to help verify the applicant’s identity. Select an applicable option.
4. Using bank account/sign-in partner
   • If the applicant wishes to proceed using Sign-in partner, they should click “Sign-In Partner” button and sign in page will be opened.
   • List of financial Sign-In Partners will be displayed in the link, select one among them in which the applicant have subscribed online banking.
   • Respective online banking portal will be opened, login into it using the user credentials.
   • After logging in, there will be two options to help verify the applicant’s identity. Select an applicable option.
5. Once the applicant has signed in with GC Key and verified his/her identity, the applicant will be directed to create the profile.
6. Follow the onscreen instructions and complete the profile creation. Proceed to sign in using the Username and Password.
7. After profile creation, the applicant has to locate the applicable option to apply for a Trademark. The online application will be opened.
8. Complete the online application with respect to the requirement by providing the necessary details and information.
9. Once completed, submit the application by clicking the applicable button. Also, pay the application fees by following the onscreen instructions.
10. Complete fees details can be found in the “Fees” section of this page. On receiving the application form, the official in-charge will go through the application to make sure if it is complete.
11. If not, the office will contact the applicant to obtain the information required to make the application complete. After that, the application will be allocated a filing date and an application number.
12. Then, they will conduct a trademark search and ensure that the proposed trademark has not been registered already.
13. An examination will also take place to make sure whether the proposed trademark can be advertised and registered further. The examiner will perform a second database search after which the trademark will be advertised on the website.
14. If there is no opposition, or if an opposition has been decided in the applicant’s favour, the Registrar will send them a certificate of registration and enter the trademark in the Register of Trademarks.

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Required Documents

• Completed application form
• Proof of Identity/passport
• Power of attorney/authorization (if applicable)
• Representation of Trademark
• List of goods associated
• Affidavit
• Document of priority
• Cheque or money order/proof or receipt of payment

Office Locations & Contacts

Canadian Intellectual Property Office,
Place du Portage I,
50, Victoria Street,
Room C-229, Gatineau,
QC K1A 0C9
Telephone: 1-866-997-1936 (Canada and the United States), 1-819-934-0544 (International)
TTY: 1-866-694-8389
Email: [email protected]
Website
Contact link

Eligibility

• Any owner of a company/corporation/organization, who needs to register their trademark, can apply.
• Any registered trademark agent can also apply, on behalf of a company owner.

Fees

• Fees details can be found in the following Fees
• The applicant can pay the fees as cash, cheque, and money order or by credit/debit cards or through deposit account.
• Complete description of payment methods can be found in the following Payment methods

Validity

• The registration lasts for 10 years.

Documents to Use

Please attach documents that can be used by people. e.g. links

Sample Documents

Please attach sample completed documents that would help other people.

Processing Time

Please explain processing time taken in obtaining the document/certificate.

Related Videos

Videos explaining the procedure or to fill the applications.
Attach videos using the following tag <&video type='website'>video ID|width|height<&/video&> from external websites.
Please remove the '&' inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver,
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.gIn the following url 'http://www.youtube.com/watch?v=Y0US7oR_t3M' Video ID is 'Y0US7oR_t3M'.

Instructions

• Before applying for the trademark, the applicant should refer the guidance document Guidance
• Then, they should review the application process and find whether they will able to complete it themselves or help of a registered agent may be required.
• If the applicant wishes to keep their trademark registered, they must register the trademark the way it will be used. In other words, they must not change it in any way, including the colour as they described it in their application.
• Online applicants should conduct a database search to ensure that their trademark has not been registered already by any other person Database search

Required Information

• Company and owner details
• Address details
• Address for service
• Association number
• Products associated
• Identification document number
• Passport number
• Director’s details
• Details of the representative/agent
• Banking details

Need for the Document

• A trademark is required to represent any company in a unique way so that the consumers in the market can easily identify that particular seller and buy their products.
• A registered trademark is one way to protect the corporate image. Registering the trademark gives legal title to it the way a deed gives title to a piece of real estate.

Information which might help

• The examiner assigned to a file reviews the search results, determines if the trademark can be registered, and decides whether the application can be approved for advertisement. The examiner will let the applicant or their agent know of any objections, if there are any.
• They have a chance to respond. If their answers do not satisfy the examiner, they will get a letter explaining that their application has been refused along with the reason. If they receive a refusal, they have the right to appeal to the Federal Court of Canada.

Other uses of the Document/Certificate

Please explain what are other uses of obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.

External Links

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Others

More information which might help people.