Hiring an Intellectual Property Professional
The Canadian Intellectual Property Office (CIPO) in recent years has made it much easier for individuals and businesses to directly apply for trademarks, patents, and copyright themselves.
In this case, then why hire an IP professional in the first place? (for details on the types of IP professionals, click here)
IP professionals are not miracle workers in that they cannot guarantee that you obtain any patent or trademark registration – however, they can help maximize your chances of obtaining a registration. By preparing the applications themselves, professionals can help ensure that you get everything right when submitting that initial trademark or patent application. Once filed, there is limited ability to make changes to patent and trademark applications.
For example, the following are common issues in applications that are very difficult or impossible to remedy, and won't be apparent until long after filing. These issues will often require a new filing (and fees) which may not always be possible:
A patent or trademark application is too narrow in scope and cannot effectively prevent competitive products or services
A trademark application has over-claimed its goods or services, and is now being opposed by a third party
A trademark application is identical or very similar to a prior trademark application or registration, and is being refused by CIPO
A professional can also advise when they believe it will be difficult or risky to obtain a trademark or patent for your brand or product, and save you time and money in the long run. JZC Intellectual Property Law always conducts searches before each filing, and will inform you when there is a conflicting trademark or patent disclosure.
Finally, a professional will also monitor CIPO deadlines for you, so you do not miss them and potentially lose your rights.
For more information, please feel free to contact us.
Disclaimer: The resources published on this website are available for informational purposes only and should not considered legal advice on any subject matter. By viewing these resources, the reader understands there is no solicitor client relationship between the reader and JZC Intellectual Property Law. This website should not be used as a substitute for legal advice, and readers are urged to consult legal counsel on any specific legal questions concerning a specific situation.