In order to apply for a trademark you
should conduct searches for your proposed name, and then you Apply for
The pre-requisite to any application is a proper search. Ninety percent of all trademarks are words, which can be searched Online from our computer. Searches of designs or stylized words need to be conducted manually.
We maintain, and update weekly, a complete record of all current and past applications and registrations of both the Canadian and American trademarks office. The first search, called the 1st Step search, is an availability search that searches the existing trademarks database to determine if the mark is currently in use or applied for. This search is normally completed within two hours of your request.
The second search, the 2nd Step search, is a registerability search, is often referred to as a Common Law search. This is an examination of the words that form the mark, their origin, meaning and the phonetic equivalents. It also includes an examination of business and corporate names.
This computerized search process normally takes about one hour to complete. We guarantee to deliver it to you the next business day. Marks that are a pure design are far more difficult to search, as today's computers have not completely defined the search logarithms. We conduct the design searches manually in order to examine each of the designs observed.
The 1st Step search is $73.50 including GST to commence, and the 2nd Step search is $315.00. These costs are separate from the Application fees.
To proceed with your 1st or 2nd Step searches, please find the order forms on the appropriate menu items.
Once a search has been completed the results are evaluated. If the results indicate that the subject mark is registerable then an application is prepared.
An application may be filed based on prior use of the mark by the applicant or on proposed use; however, the mark is only registered once the applicant confirms that the mark is not in use in Canada.
The application process takes about eight months to complete (Canadian mark) and involves the examination of the application by at least four separate examiners. The subject mark, once approved by the examiners, is then advertised for opposition allowing any reader of the advertisement to file an objection to the registration.
The advertising process is concluded with the issue of a Notice of Allowance requiring the applicant to pay a final fee to register the mark for the first fifteen years.
Once a registration is issued, the owner is granted a country-wide monopoly for a 15-year term and afforded the opportunity to renew his mark for successive 15 year terms.
There are two sets of fees for an application, the first is our, Arvic, filing fee, and the second is the government fee for the registration.
Our Arvic Filing fee; to prepare, file, and prosecute each application in either the US or Canada is $840.00. This is a flat fee that includes any and all work associated with reporting on the progress of the application to either the client or his agent as well as all replies to issues raised by the examiners, up to and including the issue of the Notice of Allowance. You do not receive any additional invoices from us during the application process.
The government fees are different for Canada and the United States. In Canada the government fee is $350.00 per application, and the registration normally takes 18 months to be completed. In the US, however, there is a separate government fee charged for each classification you would like included in the registration totaling $375.00 USD per classification. The US registration process usually takes around 12 months to be completed.
Each country has its own set of application requirements. For example; in Canada you can file one application combining both goods and services that are either in use or proposed for use. In the USA you cannot combine an application based on use with one based on intent to use.
Arvic Search Services Inc.
Suite 260, 2323 - 32 Ave. N.E. Calgary, Alberta Canada T2E 6Z3
Phone: 403-234-0844 Toll Free: 1-888-227-8421 Fax: 403-294-0944 or Email Us