|
Expense of Filing an Application
The cost of preparing and filing a relatively simple, straightforward trademark application in Canada for an official mark comprising a word or words, including our fee and the Government filing fee, typically costs about $1,000, excluding our fees for assisting the client to compile information and evidence sufficient to satisfy the "public authority" criteria. The latter expense is highly variable from case to case, but tends to range from about $300 to about $1,000 in a typical case. Complexities can add to the expense.
The foregoing fees also do not include the cost of preparing formal drawings, which are required if it is decided to apply for registration of a mark that appears in a form other than simple typewritten letters and typographic symbols. Drawing preparation usually adds about $100 in fees and disbursements to the overall expense.
Information Required for Filing
Before preparing the application for filing, we need to learn from the client:
1. the name of the qualifying organization to be named as applicant;
whether it is a university or whether it is a "public authority" as defined above;
its full postal address;
its jurisdiction of incorporation or formation (federal or provincial);
the statute or regulations under which it became officially organized;
whether the official mark includes only a word or words or whether it includes design elements;
whether the mark has gone into use in Canada for wares or services or both, with some degree of particularity as to the categories of wares and services, and at least a rough idea of the date of first use;
whether there has been any use by a licensee;
and we need to be provided with
representative specimens showing how the mark has been used for wares and services.
Before the application will be approved by the Trademarks Office, we also need to receive from the client information and evidence sufficient to establish the right of the applicant to qualify as a university or as a "public authority", as the case may be. See the discussion as to the latter earlier in this guide.
|
|
