A trademark is an important asset for your business. It allows you to build a brand. At the same time, it is also a representation of your company’s reputation and the quality of your products and services. Using a trademark, you can represent your brand in various ways. But there are times when you might have to make an amendment to your trademark. Trademarks are complex and there are different ways the amendment process works, depending upon the type of amendment you want to make.
1. Things to do before you apply for revision
Before you move ahead with your application, it is recommended that you go through the CIPO’s website about Trademarks. This will allow you to have a thorough knowledge regarding the different aspects of Canadian trademark law and certain other information, like differences in Trademark and Trade name, and differences in registered and unregistered trademarks. It will also be beneficial for you to understand how your trademark application is processed. Get in touch with a trademark agent, as they will be able to provide you with relevant information and much needed assistance. It is also a good idea to search existing trademarks, using the Canadian Trademarks Database.
2. Understand the requirements
When you file a trademark application, it must comprise of the minimum requirements, that will allow you to receive a filing date, along with an application number. These requirements are:
- The name, along with the address of the applicant
- A representation of the trademark, unless the trademark only consists of a word or words
- Declaration of the goods or services for which the trademark will be used
- A statement regarding the intention of use, how the trademark use will occur or the date on which the trademark will be first used
- Paying the application fee
3. Filing the revised application
You might have to file a revised trademark application after an examination report is generated.
- You should be using the revised form only if you have previously filed for a trademark application and you are having a CIPO filing receipt.
- Make sure that you don’t use the form, from the trademark opposition board
- Certain changes related to applications are not allowed. To obtain a comprehensive list, you can review section 31 and section 32 of the Trade-marks regulations
4. Accessing the online forms
- The online service is on the Industry Canada website and is hosted on a secure server.
- A new login and password can be created or you can update your existing registration by visiting My Industry Canada Account.
- You can use your credit card or your CIPO deposit account to make the payment.
Revision of trademarks is a pretty streamlined process, but certain things should be taken care of before venturing out to do it yourself. It is always preferable to acquire the services of an experienced trademark agent when dealing with revision or even registering. To know more about Trademark laws in Canada, get in touch with Prowse Chowne.