FAQ
Do I need a trade-mark?
Yes. If your company provides a service or manufactures a product which is identified by a distinctive word, logo design or slogan...you have a trade-mark worth protecting!
Can I use my trade-mark while the application is being processed?
Yes. If you are already using the trade-mark and the availability search conducted prior to filing the application did not reveal any conflicting trade-marks or company names, you can continue to use the mark.
If you file a proposed use application and the availability search conducted prior to filing revealed no conflicting trade-marks or company names, you can commence use of the mark.
However, you must keep in mind that there may be another party who has pre-existing unregistered rights which may oppose your mark during advertisement.
Can I use the ™ symbol before my trade-mark is registered?
Yes. There are no laws in Canada governing the use of the ™ symbol. Therefore, we recommend using the ™ symbol in association with the trade-mark on all promotional materials, signage and product packaging/labelling regardless of whether you have filed a trade-mark application.
Ex: ACCUPRO TRADEMARK SERVICES ™
When can I use the ® symbol?
You should only use the ® symbol if you have obtained a Certificate of Registration from the Canadian Intellectual Property Office. It is important to note that there are some Customs agencies which will refuse entry of goods into a country if those goods have been falsely marked with the ® symbol.