Hiring a Registered Trade-mark Agent

Preparing and following through on a trademark application is a complex process requiring broad knowledge of trademark law and Office of the Registrar of Trademarks practice — knowledge one can expect a registered trademark agent to have.

A resident of Canada who is a barrister or solicitor, or a notary in the province of Quebec, may become a trademark agent by passing the qualifying examination or working in the area of trademark law for at least 24 months.

Beware of unregistered trademark agents! They are not authorized to represent applicants in the presentation and prosecution of applications for trademarks or in other business before the Office of the Registrar of Trademarks.

A trained trademark agent will make sure that your application is properly drafted in order for your trademark to be adequately protected; such protection would be important particularly if a third party should challenge your right to the mark. Hiring such an agent is not mandatory, but is highly recommended.

Once you have appointed an agent, the Office of the Registrar of Trademarks will correspond with your agent. Should you revoke the appointment of your agent, the Office will then correspond with you directly. You may, however, change trademark agents or choose to no longer have one at any time.

The Office of the Registrar of Trademarks maintains a listing of registered trademark agents, but cannot recommend any particular one to you.

*(excerpt from “A Guide to Trademarks” prepared by the Canadian Intellectual Property Office)