Updated: May 14, 2023
A trademark agent in Canada is not necessarily a lawyer, but they are a professional with specialized knowledge and expertise in trademark law and the trademark registration process.
Trademark agents are qualified to advise clients on trademark matters and to represent them before the Canadian Intellectual Property Office (CIPO) in trademark-related proceedings.
While some trademark agents are also lawyers, it is not a requirement for the role. However, many law firms in Canada have lawyers who specialize in intellectual property and trademark law, and they may also be registered as trademark agents. These professionals are sometimes referred to as "IP lawyers" or "trademark lawyers". In addition, many firms focus their practice and only handle intellectual property and trademark law matters. It is also important to note that not all trademark lawyers are trademark agents.
A trademark agent can be a lawyer, but it is not a requirement. Both trademark agents and lawyers specializing in intellectual property depending on their qualifications can assist you in the process of registering and protecting your trademarks in Canada.
For the differences between a trademark agent and trademark lawyer please see our post on our website.
At Lomic Law all of our lawyers are both registered trademark agents and trademark lawyers. In addition, Paul Lomic is a Certified Specialist in Intellectual Property Law (Trademarks) by the Law Society of Ontario.
Curated by Lomic Law and written by ChatGPT powered by OpenAI as part of Lomic Law's strategic use of technology to assist its clients.
Updated: May 14, 2023
To find a registered trademark agent in Canada, you can follow these steps:
1. Visit the College of Patent Agents and Trademark Agents in Canada (CPATA)’s website: CPATA is the public interest regulator of Patent Agents and Trademark Agents in Canada.
2. Select the Find an Agent button at the top right of the page.
3. You will see the following drop down menu half way down the page:
4. Select: Trademark Agent
5. You can then search or browse the list of trademark agents.
6. Research potential agents: Once you have a list of potential trademark agents, you can visit their websites or contact them directly to learn more about their services, experience, and fees. It's a good idea to compare multiple agents to find the best fit for your needs and budget.
7. Schedule a consultation: Many trademark agents offer a free initial consultation to discuss your needs and help you understand the trademark registration process. Take advantage of this opportunity to ask questions and ensure that the agent is a good fit for your needs.
Remember that hiring a trademark agent is not mandatory for registering a trademark in Canada. However, an experienced agent can help you navigate the process more efficiently and avoid potential pitfalls.
A registered trademark agent’s services are limited to representing a client before the Canadian Intellectual Property Office. In Canada, only registered trademark agents can represent a client before the Canadian Intellectual Property Office.
For the differences between a trademark agent and trademark lawyer please see our post on our website.
At Lomic Law all of our lawyers are both registered trademark agents and trademark lawyers. In addition, Paul Lomic is a Certified Specialist in Intellectual Property Law (Trademarks) by the Law Society of Ontario.
Curated by Lomic Law and written by ChatGPT powered by OpenAI as part of Lomic Law's strategic use of technology to assist its clients.
Updated: May 14, 2023
To find out if a trademark is registered in Canada, you can follow these steps:
1. Visit the Canadian Intellectual Property Office (CIPO) website's Canadian Trademarks Database
2. Enter the word or phrase you want to search for in the "Search the Canadian Trademarks Database" box.
3. Click "Search."
4. Review the search results. If the search returns any registered trademarks that are identical or similar to the word, phrase, or design you searched for, then it is likely that your proposed trademark could be infringing on the existing trademark or may otherwise face registration challenges.
5. It is important to note that conducting a trademark search is a complex process. An exact match search may not reveal all the trademarks that may be problematic for your trademark application or use in the marketplace. For example, your search may not reveal marks that may otherwise be problematic due to inadvertent misspellings, creative misspellings (e.g. use of "i" instead of "y") a trademark that has common law rights that is not registered or recent applications that have not been updated on the database. Search's for other types trademarks such as sounds have additional challenges.
In Canada there are two main types of trademarks, registered and common law. Registered trademarks are listed on CIPO's database, while common law trademarks are not listed on the CIPO database. Common law trademark rights are a result of developing goodwill as from use in the marketplace. Using another person's common law trademark may result in legal action against you.
It's important to note that a trademark application can be a complex legal process, and it is always recommended to seek the advice of a qualified trademark lawyer or trademark agent before proceeding with any application or using a proposed trademark.
At Lomic Law we use advanced tools and strategies to provide comprehensive trademark searches tailored to our client's needs.
At Lomic Law all of our lawyers are both registered trademark agents and trademark lawyers. In addition, Paul Lomic is a Certified Specialist in Intellectual Property Law (Trademarks) by the Law Society of Ontario.
Curated by Lomic Law and written by ChatGPT powered by OpenAI as part of Lomic Law's strategic use of technology to assist its clients.
