Filing a trademark application
Can a US attorney file a trademark in Canada?
If you are foreign-domiciled, you are required to use a U.S.-licensed attorney to file your trademark-related submissions with the USPTO. This requirement also applies to all Canadian applicants, registrants, and parties.
Can any lawyer file a trademark?
Generally, a lawyer offering trademark services is perfectly fine to use. … There may be some lawyers not specifically practicing as trademarks attorneys (these are registered separately) but have extensive knowledge and experience around IP – such lawyers would be more than able to help with your application.
Can I use a U.S. trademark in Canada?
Are Trademarks in the U.S. protected in Canada? The protection of a registered trademark only extends to the jurisdiction in which it was registered; therefore, if your trademark is registered in the U.S., your trademark would only be protected in the U.S. and not in Canada.
Can a non US citizen file a trademark?
Non-US Companies (and Citizens) Cannot File Trademarks Without a U.S. Attorney.
Is Canada first to file trademark?
So, in the US and Canada, trademark rights go the first to use the mark in commerce. However, in a lot of other jurisdictions, trademarks are purely creatures of registrations, meaning that trademark rights go to the first to file a trademark application.
How much does an attorney charge to file a trademark?
How Much Does a Trademark Lawyer Cost? A trademark lawyer costs around $1,000 to $2,000 for the general trademark process, but disputes could cost the client an additional $300 $400 an hour. Some of the trademark lawyer costs you may see include: Filing fees for the trademark application.
Should I get a trademark lawyer?
No. You do not need an attorney to file an application for registration of a trademark with the United States Patent and Trademark Office (USPTO). That being said, you really ought to hire an attorney if you can afford one.
How difficult is it to register a trademark?
Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer’s help. The simplest way to register is on the U.S. Patent and Trademark Office’s Web site, www.uspto.gov.
How long does a Canadian trademark take?
Depending on the country where the application is filed, the trademark registration process can take anywhere from a few months to a few years. Most applications in Canada are processed within 18 to 24 months.
Can US patents be enforced in Canada?
Are US patents valid in other countries? No, patents are granted in a jurisdiction, which can be a country or a region. In the case of the United States, a granted U.S. patent can only apply in the United States.
How do I get a global trademark?
You can apply for international trademark protection by filing an MM2 form, which is available on the WIPO website. Then, you can submit a hard copy to the U.S. office. There are 113 countries that currently offer protection under the Madrid Agreement, including China, France, Italy, Australia and the European Union.