Do You Need a Lawyer to Register a Trademark?


When it comes to protecting your intellectual property, there is little margin for error. If you make even a small mistake in the process, you could be at risk of losing the benefits of something for which you have worked so hard. While applying for a trademark may seem as simple as filling out some paperwork, it is often more complicated than that. In short, you need a Toronto trademark lawyer to help you maximize your rights to your intellectual property.

Without meaning to sound alarmist, there are a number of things that can go wrong in the trademark process that could either slow you down or complicate your picture. There is where the expertise of a Toronto copyright attorney can help smooth the way.

Canada Trademark Registration Is About More than Just Filling Out Forms

The first thing to know is that it is never as simple as just filling out a handful of forms. Even before you apply to register your trademark, there is plenty of preparation. Before you file, you need to know whether you can even trademark your property. Certain things cannot be trademarked at all.

Then, you would need to search the trademark registry for anything that appears similar to yours. One thing that this requires is time and lots of it. The average person may not be equipped to understand the similarities between trademarks. However, even small nuances can mean major differences. Trademark searches can be very technical and more than just looking at a list of names. You need an expert in intellectual property law to anticipate various challenges.

Further, the results of the trademark search may dictate how you proceed. For example, there may be an existing trademark that is not entirely similar to yours, but it could narrow your ability to grow your own trademark in the future. However, this may not be apparent to someone without particular expertise.


Trademark Registrations Take Time, So You Should Minimize Your Own Delays

Beyond the trademark search, the entire exercise can be tedious and time-consuming. The paperwork alone can occupy you. Even once your application is submitted, it is just the beginning of the proceeding.

The Canadian Intellectual Property Office is notorious for the amount of time that it takes to review each application. One reason is that the Office is perpetually short-staffed and will take its time to reach your application. This means that your registration documents need to be in perfect order because you never quite know when the examiner will be able to review resubmitted documents.

Next, the CIPO is also known for closely scrutinizing the applications that they receive. Canadian examiners have a reputation for being very discerning. A Toronto copyright lawyer has experience with the CIPO to know what could slow down your application. People applying for a trademark on their own may either gloss over some parts of the application or not pay enough attention to them. Representing and classifying your trademark could present a particular challenge, especially when you are dealing with a strict examiner.

Trademark Opposition Can Be a Difficult Process

Others may have input along the way. One potential problem area is when someone else files a challenge to your application. This means that they believe that your application infringes on their own intellectual property rights. This is where your case can get complicated. There is a very real chance that you can be in the middle of a legal battle to defend your own right to trademark your own intellectual property. Your case may very well end in court.

Of course, you would need a lawyer to defend your case if there is opposition because these matters can get very complicated. Your opponent would likely have a skilled trademark attorney of their own, and you are best off not dealing with them on your own. While trademark opposition does not always happen, the chance that it could happen should be enough to convince applicants not to try to handle the process on their own. Even before that, an astute Toronto trademark attorney can help minimize the chance of opposition by looking ahead in the trademark search phase.

When you hire an intellectual property lawyer in Toronto, Ontario, you can spend your time on the important things, such as your own business. While some may have a thought that handling trademark registration on their own can save money, the time, hassle, and risks make hiring a professional well worth it.

An IP law firm can handle your trademark registration from start to finish. When you give us your trademark name, we will learn more about your business and will take care of everything else. Otherwise, a DIY approach will cost you time, effort, and headaches while you try to figure out the trademark process.

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