Pawlina Law is a Toronto based firm that focuses on Intellectual Property Law. The Canadian Intellectual Property Office (“CIPO”) is a special operating agency of Innovation, Science and Economic Development Canada which is responsible for administering Trademarks and Patents in Canada. Karol Pawlina is a registered Trademark Agent with CIPO and worked at an Intellectual Property Law form for 3 years while at law school. By understanding the complex and rigid rules of Patents, Trademarks, Copyrights, and Industrial Designs, we can help you find solutions to your Intellectual Property matters. By assisting you with making informed business decisions and by having things done properly from the outset, we can save you time and money in the long run. We can advise you in a wide rage of services, including:
Canadian Trademark Search and Opinions
Not all trademarks are registrable. We can review your potential Trademark application, conduct various searches, and provide a written opinion as to whether your proposed trademark is registrable. By conducting a Trademark search, a better idea of a trademark’s registrability can be obtained. International searches are also available.
Preparing and Filing a Canadian Trademark Application
Filing a Canadian Trademark Application is the first step in acquiring a Trademark Registration. A trademark is a combination of letters, words, sounds or designs that distinguishes one company’s goods or services from those of others in the marketplace. We can prepare and file a Canadian trademark registration application for you. The trademark process is complex. After filing a Trademark application, it is examined by a Trademark Examiner who may have objections as to the way your trademark was filled. We can respond to an office action for you, including amending the application if required, to overcome these objections. Such responses may include arguments to be submitted if significant objections are raised by the examiner including confusion objections based on prior applications. More information can he found here.
Should the Trademark Examiner receive and review your application, and have no objections or any objections they had were overcome by providing an response or amending the application, an Approval Notice will be issued. We will receive and report this Approval Notice to you. Following the issuance of an Approval Notice, your Trademark will be published in one issue of the Canadian Trade-Marks Journal, which is published weekly. If there is no opposition to your application, or if an opposition has been decided in your favour, your trademark will proceed to registration. We will assist you with every step in the process.
Section 45 Trademark Expungement Proceedings
The Canadian Trademarks act allows anyone to request that a trademark registration be removed (expunged) if the owner is unable to show use of the trademark in Canada during the three-year period preceding the date of the section 45 notice, and there are no special circumstances justifying the lack of use. We can assist you with Section 45 expungements and can assist you with defending agaisnt them. More information can be found here.
Trademark Opposition Proceedings
An opposition is a proceeding before the Registrar of Trademarks (the Registrar) whereby somebody (the opponent) objects to the registration of a trademark in Canada. Should you wish to oppose a Trademark or need to respond to a opposition proceeding launched against you, we can assist you with every step in the process. More information can be found here.
Trademark Licensing Agreement
Improper licensing can result in Trademark owners losing their Trademark protection. We can prepare a licensing agreement for you to protect the ownership of your trademark. A review of a Licensing Agreement can be completed on a hourly rate.
Sending or Replying to a Cease and Desist Letter
A Cease and Desist Letter is a letter sent to a party that is infringing your Trademark, Patent, Copyright, or Industrial Design rights demanding them to stop their unlawful conduct. We can review the matter with you and send a Cease and Desist Letter on your behalf demanding a party stop their infringing actions. If you have received such a letter, we can also reply to such a letter on your behalf to ensure your rights are protected.
Patent and Industrial Design Searches
An industrial design is about how something looks, its designs. It protects a product’s unique appearance. It does not protect how it is made, how it works, or what it is made of. More information can be found here.
Industrial Designs are the most underused area of Intellectual Property Law. We can review your potential patent or industrial design application, conduct various searches, and provide a written opinion as to whether your proposed concept is registrable.
Preparing and Filing a Canadian Industrial Design Application
Industrial Design protection protects a product’s unique appearance, not what it is made of, how it is made or how it works. In the Unites States, these are called Design Patents. Industrial Designs are the most underused area of Intellectual Property law. We can prepare and file a basic Canadian Industrial Design registration application for you.
Patents apply to newly developed technology as well as to improvements on products or processes. Patents provide a time-limited, legally protected, exclusive right to make, use and sell an invention. We can assist you with drafting and obtain patent protection for your invention. As Canada is a fraction of the US market, it is likely that would advise collaborating with a US Associate to file for US patent protection with the United States Patent and Trademark Office. More information on patents can be found here.
Intellectual Property Licensing Agreement
Intellectual property is commonly licensed to generate revenue for its owners. We can prepare a licensing agreement for you to maximize the value of your intellectual property. A review of a Licensing Agreement can be completed on a hourly rate. Please do not hesitate to contact us if we can be of assistance.