Everything you need to know about getting a Goodlaywer Trademark Service: pricing, scope of work, benefits, and frequently asked questions.
Goodlawyer offers a wide variety of trademark services in Canada and the US, all of which are available under custom quote. This page will outline some of the most common Trademark services and give you a basic understanding of what to expect.
- What is a Trademark?
- Common Trademark Services
- Why book a Trademark lawyer?
- Frequently Asked Questions
Get started on your Trademark by booking an Initial Consultation today.
What is a Trademark?
A trademark is any combination of letters, words, sounds, or designs that distinguishes one company’s goods and services from others in the marketplace. Registered trademarks can protect things like logos, jingles, brand names, or slogans from being used by other businesses, helping make your brand distinct from anyone else. In the long run, trademarks are critical to the development of strong brands.
Unfortunately, trademark applications are also complicated and lengthy. The Canadian Intellectual Property Office (CIPO) and the United States Patent and Trademark Office (USPTO) can take up to 24 and 18 months, respectively, to confirm your trademark. Furthermore, there is ample time during the application process for the CIPO and USPTO to find an error in your application or for a competitor to file an opposition.
Goodlawyer Trademark Lawyers and agents have extensive experience helping clients with the entire trademark process. When you work with your Good Lawyer, they can identify your business’s trademark needs, conduct a knockout search to conduct various availability and clearance searches for your mark, and draft a Canadian or US trademark application that’s less likely to be challenged and more likely to succeed.
Pricing and Scope
The complexity of a trademark application can vary drastically based on how many classes of goods and services your trademark will be associated with. The CIPO and USPTO recognize 34 classes of goods (such as “clothing” or “vehicles”) and 11 classes of services (such as “hotels and restaurants” or “insurance and financial”). To learn more about the different classes of goods and services, jump to the FAQ below.
At Goodlawyer, part of our mission is to always provide upfront fixed prices for legal services. Due to the complexity and variance of Trademark legal services, we offer a full breadth of legal support for your Trademark available upon upfront, custom quotes.
We have seen Trademark services range anywhere from a few hundred dollars to tens of thousands of dollars. It depends on what you need, but on Goodlawyer you will always know the cost upfront with a zero commitment quote. Please note that Government Filing Fees and Disbursements are NOT included in your legal fee. Your lawyer will be able to provide you an estimate of your filing fees.
Every Trademark file on Goodlawyer starts with an Initial Consultation. Typically, that's followed by a longer Legal Strategy Session and a custom quote for your exact needs.
Common Trademark Services
a. Trademark Strategy Session
- Up to 60 minutes of time from a registered Trademark agent
- Inquiry into what is being used as a trademark, what needs to be trademarked, what countries the client plans to enter, and the client’s priorities.
- Inquiry into the inherent registrability of the trademarks.
- Follow-up custom quote for your services (if requested).
b. Knockout Trademark Search & Report
Have a registered Trademark Agent and Lawyer help you identify which classes of Goods and Services your Trademark falls under, then perform a thorough search of existing Trademarks, and finally advise you on the registrability of your desired Trademark.
The price and complexity of a Trademark search will vary depending on the number of relevant classes and goods, the number of jurisdictions and Trademark registries that need to be searched, and whether or not your Trademark includes any graphic elements.
c. Trademark Application
One of our registered Trademark Agents and Lawyers will work with you to prepare your tailored application and complete the application filing process with the Canadian Intellectual Property Office (CIPO) or the USPTO (US).
Once your Trademark Application is filed, it will be examined by CIPO or USPTO for substantive registrability and enforceability. The CIPO or USPTO may accept, reject or request amendments to your Trademark Application. For this reason, we typically recommend performing a Knockout Trademark Search & Report (see details above) prior to drafting and submitting a Trademark Application.
NOTE that Goodlawyer does not guarantee the successful registration of your Trademark Application.
d. Trademark Objection Response
When a Canadian or US trademark registration application is filed, there is always a chance that two types of objections are raised. First, a CIPO Trademark Examiner or USPTO Trademark Examining Attorney may raise objections to the application in an “Examiner’s Report” or "Office Action", respectively, which will outline specific deficiencies in the application.
Second, even if the application is approved, a third party may file an opposition to your application within the first two months in Canada, or the first 30 days in the US of its approval. In the event that an objection to your trademark application is raised, you will need to adequately respond to the objection to prevent your trademark application from being rejected.
A professionally prepared Canadian or US Trademark Objection Response will help you cover all your bases when responding to any objections or challenges raised against your trademark registration, increasing the likelihood of a successful application.
This service is for businesses or individuals that have already submitted a Canadian or US Trademark Application and have received notice of an Examiner's Report, Office Action, or third party opposition to their trademark registration.
Because the scope and complexity of an objection response varies depending on the Trademark, these services are available upon custom quote.
e. Trademark Renewal
Canada: Canadian trademark registrations must be renewed with the Canadian Intellectual Property Office (CIPO) every ten years to remain current and enforceable against third parties. Trademark renewal requires goods and services reclassification for trademarks registered before 2019, as well as the payment of a renewal fee to the CIPO. This service is for business owners with a registered Canadian trademark that needs to be renewed (10 years after registration).
US: The United States Patent and Trademark Office (USPTO) requires the filing of certain maintenance documents to keep a trademark registration active and enforceable against third parties. This process is often referred to as “Trademark Renewal”. Renewal is required five and nine years after registration. After that, renewal is required every ten years. To renew a trademark registration, specific documents must be filed and filing fees must be paid to the USPTO. This service is for business owners with a registered US trademark that needs to be renewed or maintained (five and nine years after registration, and every ten years after that).
Why should I book a trademark service?
Registered trademarks in Canada or the US prevent anyone else in the respective country from copying your trademark. With that protection, your brand has a lot more value.
Make it easier.
Trademark applications are complex, and Canadian Trademark Examiners or US Trademark Examining Attorneys look for specific language when approving them. Poorly written or incomplete applications are more likely to get rejected by the CIPO or USPTO, which makes the process slower and more expensive. This extra time can allow competitors to get their own trademarks in place before you do. Using a Good Lawyer experienced with trademark applications will save you all the time it would take to prepare a strong application yourself. You’ll be glad you saved yourself the hassle.
Prevent someone from successfully opposing your trademark registration.
If someone opposes your trademark registration, you need to make sure you properly defend the opposition, otherwise, you risk having your trademark registration rejected. A Good Lawyer will guide you through this process to increase your chances of success.
Keep your trademark enforceable.
Registered trademarks need to be renewed with the CIPO or USPTO to stay current and enforceable against third parties.
Get started on your Trademark today!
Frequently Asked Questions
How does the Goodlawyer Service Fee work?
Because we believe in transparent pricing, we make our best effort to be upfront about additional fees and how they are calculated.
What are the different goods and services classifications, and why does this impact the complexity of my Trademark Application?
Trademark applications are required to contain a statement classifying the goods and services associated with how the trademark will be used. The CIPO and USPTO recognize 34 classes of goods (such as “clothing” or “vehicles”) and 11 classes of services (such as “hotels and restaurants” or “insurance and financial”). For example, if your business sells athletic apparel and your trademark application is for a logo that will identify your company’s clothing, the goods may be classified under “clothing footwear, headwear”.
Within each of these classes are hundreds of terms that are pre-approved for use by the CIPO or USPTO. In the above example, terms such as “athletic apparel”, “athletic clothing”, or “athletic shirts” all are pre-approved terms that could be used to describe the goods that will be associated with the trademark. This process becomes more complex where a good or service is novel and there are no pre-approved terms to describe it.
Trademarks associated with a wider array of goods or services are more likely to fall into multiple classes of goods and services. The more classes of goods and services that a trademark is associated with, the more complicated and time-consuming drafting the trademark application becomes, as care must be taken that all intended uses of the trademark are captured in language that will be accepted by the CIPO or USPTO.
See below for the 34 classes of goods and 11 classes of services currently recognized by the CIPO and USPTO:
How long does a Trademark Registration take?
Canadian trademark registrations typically take at least 24 months to be approved, while a US trademark registration can take up to 18 months to be processed. However, the process can take longer depending on a number of factors.
How long does a Trademark Registration last?
Trademark registrations last for 10 years. After that, you will need to pay a renewal fee to the CIPO to keep the registration current.
Keep in mind that your trademark registration may be removed if the trademark loses its distinctiveness, is abandoned, or is no longer being used. Your Good Lawyer or Trademark Agent will be able to advise you on what actions can be taken to prevent this from happening once your trademark is registered.
What happens when my Trademark Registration is approved?
When a trademark application gets approved, there is a two month period in which third parties can oppose or challenge your application on a number of grounds.
What happens if my Trademark Registration is opposed by a third party?
If this happens, Goodlawyer can set you up with a lawyer to guide you through the process to challenge the opposition.
Can my trademark application get rejected even if I use a lawyer?
Unfortunately, yes. It is common for Trademark Examiner to raise objections to an application via an "Examiner's Report" or “Office Action” which will outline specific deficiencies in the application. For example, deficiencies may include misclassified goods and services, which are incredibly common when a trademark is associated with a novel good or service. If this happens, your Good Lawyer can help you respond and correct any deficiencies identified.
Can I just do an internet search to find out if my trademark is available?
An internet search may help you quickly find some similar-sounding competitors. However, this search method is not foolproof and risks missing results that could put your trademark application at risk. A professionally conducted, knockout trademark search and report by a Good Lawyer will give you the confidence that your trademark registration will not be derailed by a similar-sounding registered trademark. If a similar registered trademark is found, your Good Lawyer will advise you on how to revise your trademark application to increase its chances of success.
Do I need a lawyer to prepare and file a Trademark Application?
No, a person or company can technically file a trademark application on behalf of themselves. However, trademark applications are complex and ensuring that they are prepared in a way likely to be accepted by the CIPO or USPTO can be challenging. Using a Trademark Lawyer experienced in preparing trademark applications will save you time and money and will increase the chances of a successful application.
What is the difference between a trademark lawyer and a Trademark Agent?
Only registered Trademark Agents can file a trademark application on behalf of another person or business. Trademark Agents must take qualifying examinations and are registered with the CIPO. Trademark Agents do not need to be lawyers. Therefore, any lawyer that files trademark applications must be a registered Trademark Agent, but all Trademark Agents are not necessarily lawyers.
At Goodlawyer, all of our lawyers that provide trademark application services are registered Trademark Agents. Additionally, some of our Trademark Agents are not lawyers. All of our Trademark Agents are very experienced with trademark applications and are qualified to advise clients on their trademark needs. You always have the option to work with any lawyer or Trademark Agent on our platform that you prefer.
Does Trademark registration in one country give me protection in other countries?
No. Canadian trademark registration only protects your trademark rights in Canada and US trademark registration only protects your trademark rights in the US. If you want to protect your trademark internationally, your Good Lawyer will provide you with information about the process for registering your trademark in other countries.
Do I need a lawyer in my province for a Canadian Trademark Solution?
No, you don’t need a local lawyer or Trademark Agent to work with you on preparing and filing your Trademark Registration. Trademarks are filed at the federal level.
Do I need an American lawyer for a US Trademark Solution?
Yes, you need a US trademark lawyer to prepare and file your US trademark application. Goodlawyer can connect you with a network of qualified US lawyers who can help you with your US trademark needs.
Get started on your Trademark today!