FREQUENTLY ASKED QUESTIONS
What is a trademark agent?
A trademark agent is a professional, usually a lawyer, who is qualified by the Canadian Intellectual Property Office to advise and act on behalf of business owners in trademark matters. A trademark agent has a minimum of two years of experience in registering trademarks and has passed a qualifying exam. Many lawyers and other professionals will offer advise you on trademark protection, but only a registered Canadian trademark agent is authorized to file your trademark application and deal with the Canadian Intellectual Property Office on your behalf. A list of registered Canadian trademark agents can be found here.
Should I retain a lawyer to complete the Canadian trademark search?
The Canadian Intellectual Property Office’s trademarks database is publicly available for anyone to search, but a trademark lawyer or agent will add experience and insight to reading the results. A trademark lawyer can advise you on whether there are any earlier trademarks that you could be infringing, and this knowledge can save you from wasting your time and money into a trademark that is not available for your use.
Should I retain a lawyer to trademark a name?
Yes! A trademark lawyer or agent will help you in so many ways. They will advise you on whether you can trademark the name, and they can ensure that your trademark application meets all the legal requirements under the law. Hiring a trademark lawyer will help you to avoid objections and delays throughout the trademark process.