Advertising a Trademark Application

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You have sent in an application for a trademark for your homemade microgreens business. You have received confirmation from the Trademark Office that it has passed the initial stage of the Trademark Examination Report. What follows next?

The Advertisement Process

After the Trademark Office (the "Office") completes the initial examination process, and if the Office is satisfied that the trademark is registerable, then the Office will perform a pre-publication search. If no confusing trademarks are found, an approval notice will be issued to you. You should review the approval notice carefully for accuracy and if any errors are found, then you should contact the Office as soon as possible.

If there are no errors, then the Registrar of Trademarks ( the "Registrar") will proceed with advertising the application in the Trademarks Journal, which is a weekly publication issued by the Office.

Regulation 41

The nuts and bolts of the advertising is covered in Regulation 41 of the Trademarks Regulations SOR/2018-227. Regulation 41 requires that the application be advertised by publishing it on the website of the Canadian Intellectual Property Office with the following information:

(a) the application number

(b) the name and postal address of the applicant and of the applicant’s trademark agent, if any;

(c) any representation or description of the trademark contained in the application;