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Application. In Canada, a trade-mark is registered by filing an application with the trade-marks Office together with a non-refundable fee for each trade-mark applied for. It is possible to file an application for registration of a trade-mark that is not yet in use somewhere in Canada.
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Initial Examination. Within the following four months, the trade-marks Office examiners then carry out a search of trade-mark records for potentially conflicting marks. Should there be no apparent conflict, the examiners then make an initial determination as to the registrability of the trade-mark, assessing such characteristics as whether the trade-mark is “clearly descriptive” or “deceptively mis-descriptive”. They will also decide whether the description of the wares or services complies with the regulations and is in normal commercial terms. The examiners advise the applicant of any adverse findings. Applicants may be required to submit revised applications.
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Approval. Once past the conflict search stage and initial determination of registrability and any revisions to the application the trade-marks Office will submit for Advertisement.
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Advertisement. The trade-mark information is published in the trade-marks Journal. Any interested party may then make representations to the trade-marks Office, such as filing an opposition against registration of the trade-mark owing to alleged confusion with an existing mark. Should this happen, opposition proceedings can, if successful, bring the application process to an end or otherwise delay the registration process for eighteen (18) months or more.
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Allowance. If the trade-marks Office receives no objection within approximately two (2) months of publication in the trade-marks Journal, the trade-marks Office issues a notice of allowance of the application for registration.
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Registration. To proceed to the final step of registration by the applicant within six (6) months of the date of the notice of allowance. Upon receipt of the registration fees, the trade-marks Office will issue a certificate of registration for each duly registered trade-mark.