Q: Process for registering a tour and travel mark in USA and Canada.
I am a travel agent using a mark for tour and travel services and would like to register it in the USA and Canada. What is the process for registering my mark in these countries?
A: In order to register a trademark with the US an application must be filed with the USPTO. You can file an in-use or intent-to-use application. The recommended first step is to work with a trademark attorney to conduct a quick search to see if similar marks are already registered. Once the mark is reviewed an attorney can guide you through the application process. You can also file yourself by filing instructions on the USPTO website.
A:
To register your tour and travel mark in the USA, you'll need to file an application with the United States Patent and Trademark Office (USPTO). First, conduct a comprehensive trademark search to ensure your mark isn't already taken, then prepare your application including a clear description of your services and examples showing how you use the mark commercially. The USPTO examines applications within approximately 3-4 months, but the entire process typically takes 8-12 months if no complications arise.
For Canada, you'll submit your application to the Canadian Intellectual Property Office (CIPO). The Canadian process is similar but has some distinct requirements, such as different filing fees and potential need for use in Canadian commerce. Remember that filing electronically in both countries is faster and often less expensive than paper filing, and you may claim priority based on filing dates if registering in both countries within six months of each other.
While these processes can be navigated independently, many travel business owners find value in consulting with a trademark attorney who understands the nuances of intellectual property in both countries. This helps avoid costly mistakes and increases your chances of successful registration, allowing you to focus on building your travel business while your mark receives proper protection across both borders.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.