How to File a Trademark Registration for Your Business in Canada 

In a competitive marketplace, protecting your brand is as important as building it. Trademark registration gives you a legal monopoly over a name, logo or slogan in Canada and signals to customers that your products and services are uniquely yours. Unlike an unregistered trademark (sometimes called a “common‑law mark”), which is limited to the geographic area where the mark is known, a registered trademark provides nationwide statutory rights and a presumption of validity. It can also raise a company’s profitability and valuation. 

This guide explains how to register a trademark in Canada, the costs involved, the timeline, common pitfalls and practical tips drawn from official sources.

What is a trademark?

A trademark is any sign, such as a word, phrase, design, colour combination, three‑dimensional shape, or even a sound that identifies your goods or services and distinguishes them from those of others. It functions as a badge of origin and can be owned by an individual, partnership, corporation, joint venture or trade union. 

The trademark may be a word mark (e.g. the name of your brand) or a design mark (logo). A company name or a trade name can sometimes function as a trademark, but registering a business name with a province does not automatically grant trademark rights.

Company names, trade names and trademarks

• Business name vs. trademark: Registering a business name (or “trade name”) is a provincial legal requirement for operating under a name that differs from the owner’s name, but it does not provide exclusive rights to that name across Canada. Without a registered trademark, another business could register a similar mark for similar goods or services. Conversely, registering a trademark does not automatically register your business.
• Can you trademark your company name? Yes. A business can apply to trademark its legal name or a distinctive trade name. The application must satisfy the same requirements as any other mark, and it’s advisable to search both the Canadian Trademarks Database and provincial corporate registries for similar names before filing.
• Trademarks vs. patents and copyright: A patent protects inventions, industrial designs or improvements, while copyright protects literary and artistic works. A trademark protects the brand identity used to sell goods or services.

Why register a trademark?

Registering a trademark provides several advantages over using an unregistered mark:

1. Nationwide exclusive rights and easier enforcement. A Canadian registration grants exclusive rights to use the mark for the listed goods and services across Canada. Platforms and partners can more easily verify the validity of your mark, and the registration deters would‑be infringers.
2. Stronger evidence of ownership. A registered mark is presumed valid and shifts the burden of proof to anyone challenging it. Unregistered marks require proof of reputation and can only be enforced in regions where the mark is known.
3. Improved business valuation. Studies show that trademark registration can increase profitability by about 1.7% and a company’s valuation by nearly 12%.
4. Flexibility for licensing and franchising. A registered mark is easier to license or franchise because it clearly defines the scope of rights.
5. Protection abroad. A Canadian registration can serve as the basis for international applications under the Madrid Protocol, simplifying multi‑country protection.

What you can and cannot register

Not every sign qualifies for registration. Canada’s Trademarks Act and its regulations specify several categories of unregistrable marks:

• Names or surnames alone. A mark that is merely a name or surname cannot be registered unless the applicant proves that it has acquired distinctiveness through long use.
• Clearly descriptive marks. Words that describe the character or quality of the goods or services (e.g., “sweet” for ice cream or “juicy” for apples) are not registrable.
• Deceptively misdescriptive marks. Marks that mislead consumers about the nature or quality of the goods or services (such as “cane sugar” for candy sweetened with artificial sweetener) are prohibited.
• Place of origin. Words that simply indicate where goods originate (e.g., “Italy” for lasagna) or mislead consumers about origin (e.g., “Paris Fashions” for goods not made in Paris) are unregistrable. Names indicating protected geographical indications (such as wine regions) are also prohibited.
• Words in other languages describing the goods or services. Terms like “gelato” for ice cream or “anorak” for outerwear cannot be registered.
• Confusingly similar marks. Marks that closely resemble existing registered or pending marks, including those that look or sound alike or are used for similar goods or services, will be refused.
• Official marks and prohibited symbols. Official government designs, coats of arms, emblems of public bodies, and scandalous or immoral subject matter are not registrable.

Distinctiveness matters

The Canadian Intellectual Property Office (CIPO) emphasises that a mark must be distinctive to function as a trademark. The more descriptive or generic a word or image is, the lower the chance of registration. 

Choose a unique brand name, coined term or imaginative logo to avoid conflicts and broaden the scope of protection. Conducting a thorough search of the Canadian Trademarks Database and trade names registers can significantly reduce the risk of refusal or opposition.

Preparing for your application

Filing a trademark application is straightforward, but careful preparation saves time and money. CIPO recommends several preparatory steps:

1. Read the Trademarks Guide. The guide explains the legal requirements, what can and cannot be registered, and the rights conferred by registration.
2. Review the application process. Familiarise yourself with the steps from filing to registration, including examination and possible opposition.
3. Consult a list of registered trademark agents. While not mandatory, an agent can help draft your application, classify your goods and services, and respond to examiner’s reports. Hiring an agent is strongly recommended for complex marks.
4. Search the Canadian Trademarks Database. Look for similar or identical marks and consider variations in spelling or language. Also search trade names because unregistered marks can block your application during opposition.
5. Use the Goods and Services Manual. Canada uses the international Nice Classification. The Goods and Services Manual provides pre‑approved descriptions of goods and services; using them can speed up examination and reduce objections.
6. Gather required information. Your application must include the applicant’s name and address, a representation or description of the mark, a list of goods and services grouped by class, and the applicable fee.

Pro tips

• File early and in multiple classes. Canada follows a first‑to‑file system for registration priority. Filing before entering the market can help avoid conflicts. However, adding classes increases fees and can slow down prosecution if one class faces objections. Consider splitting high‑risk goods or services into separate applications.
• Choose the right mark type. Filing both a word mark and a logo mark provides broader protection; the former protects the wording irrespective of design, while the latter protects the specific design.
• Budget for professional fees. Professional fees vary, but a straightforward Canadian application typically costs around CAD $1,550 for agent services and total registration costs (including government and professional fees) average between CAD $2,000 and CAD $4,000. Complex applications, multiple classes or opposition proceedings can raise costs significantly.

Costs of trademark registration (2025–2026)

Government fees for trademark applications are adjusted annually. The table below summarises the estimated current fees for 2025 and 2026 for online filings. Offline filings are more expensive, so online filing is recommended..

Fee (CAD)	2025 (online filing)	2026 (online filing)
Application – first class	$478.15	$491.06
Each additional class	$145.12	$149.04
Renewal – first class	$579.42	$595.06
Renewal – each additional class	$180.61	$185.49

Notes: Official fees are in Canadian dollars and do not include professional fees. Offline filings cost approximately CAD $623 for the first class and are best avoided.

Other costs to consider

• Professional fees. Agents or lawyers may charge fixed fees (around CAD $1,550 for straightforward filings) or hourly rates for drafting and responding to examiner’s reports. If your application faces objections or oppositions, additional professional fees will apply.
• Opposition proceedings. Only about 2 % of applications are opposed, but oppositions can cost tens of thousands of dollars and last two to four years. Proactively searching for conflicts reduces this risk.
• Renewal fees. A Canadian trademark registration is valid for ten years and can be renewed indefinitely. Renewal fees apply every ten years.

Step‑by‑step trademark registration process

The Canadian trademark application process has five stages: Formalities, Examination, Publication, Opposition and Registration. Understanding these stages and the expected timeline helps set realistic expectations.

Step 1 – Formalities (Application submission)

When you submit your application online and pay the fee, CIPO assigns a filing date and application number. Your application enters the Canadian Trademarks Database and is labelled “Formalized”. Within seven business days of an online filing (20 business days for other methods), CIPO sends a formal filing acknowledgement and proof sheet. Review the proof sheet carefully and correct any errors immediately.

Step 2 – Examination

A trademark examiner reviews your application to ensure compliance with the Trademarks Act. The examiner checks whether the mark is registrable and distinctive and whether your goods and services are properly described. If there are issues, the examiner may phone you to resolve simple problems or issue an examiner’s report detailing objections. Applicants have six months to respond to an examiner’s report. Failure to overcome the objections may result in refusal, which can be appealed to the Federal Court.

Step 3 – Publication in the Trademarks Journal

If the examiner approves your application, it is advertised in the Trademarks Journal, a weekly online publication. Publication notifies other trademark owners of your pending mark. Anyone believing that your mark conflicts with theirs has two months to file a statement of opposition.

Step 4 – Opposition (if any)

Opposition is a quasi‑judicial proceeding before the Trademarks Opposition Board. If someone files a statement of opposition, you have two months to file a counter statement. Both parties then submit evidence and written arguments, and may appear at an oral hearing. If the opposition is unsuccessful, your application proceeds. If successful, the application may be wholly or partially refused. Opposition proceedings can last two to four years and significantly increase costs.

Step 5 – Registration and certificate

For applications filed after June 17 2019, no further fee is required for registration. Once your mark passes through examination and the opposition period, CIPO issues a certificate of registration and mails it to you. The registration lasts for ten years and can be renewed for further ten‑year periods upon payment of renewal fees.

Expected timeline

CIPO publishes a rolling forecast of examination wait times. As of December 2025, it took approximately 7.8 months from filing to examination. After that, responding to examiner’s reports, advertising, opposition and registration can extend the overall timeline. Straightforward applications typically take 18 – 24 months from filing to registration if no opposition arises. Some sources report an average processing time of 24 – 32 months. The timeline varies depending on examiner workload, objections and oppositions; therefore filing early is critical.

Maintaining and enforcing your trademark

Registration is only the beginning. To preserve your rights and maximise your trademark’s value:

• Use your trademark consistently. Canada operates under a “use it or lose it” principle; non‑use for three consecutive years may lead to expungement. Keep dated records of packaging, advertising, invoices and online listings to prove use.
• Monitor the market. Watch for infringing uses online and offline. Consider filing a Request for Assistance with the Canada Border Services Agency to stop counterfeit goods at the border.
• Renew on time. Submit a renewal request before the ten‑year anniversary to avoid additional fees. In 2026 the online renewal fee is CAD $595.06 for the first class and CAD $185.49 for each additional class.
• Maintain accurate details. Notify CIPO if your business name or address changes. Record assignments or licences to keep the register current; transfer requests cost CAD $125 per application.
• Enforce rights through litigation if necessary. Consult a trademark lawyer if someone uses a confusingly similar mark; the Federal Court can grant injunctions and damages.

Special considerations and advanced strategies

First‑to‑file versus first‑to‑use

Canada generally follows a first‑to‑file system, meaning the first applicant has priority if two marks are confusingly similar. Prior use can still be relevant in an opposition or litigation, but it is no substitute for filing early. Filing an application should be part of your launch plan rather than an afterthought.

French language and Quebec requirements

If you sell or advertise products in Quebec, be aware that the province’s French‑language laws require French to appear at least as prominently as other languages on packaging, signage, and marketing materials. Changes that took effect in June 2025 increase compliance requirements. Plan your trademark strategy and packaging early so you can meet these rules without delaying market entry.

Geographical indications (food, wine and spirits)

Some terms associated with geographic locations – such as wine regions or protected food names – are protected as geographical indications. Using such terms without meeting the geographical requirements can result in refusal or opposition. Research whether any component of your brand name falls under this category.

Multi‑class applications

Canada permits multi‑class applications, allowing you to cover multiple classes of goods and services in one filing. This approach reduces administrative complexity but increases government fees and risk. If one class faces an objection, it can delay the entire application. For high‑risk classes, you may choose separate applications.

Madrid Protocol versus direct filing

Canada participates in the Madrid system, allowing applicants to file a single international application that designates Canada and other countries. The Madrid Protocol can simplify global portfolio management, but a Canadian designation is dependent on the home registration for the first five years. Direct filing through CIPO provides more control and is often preferred when Canada is a priority market.

How to trademark a name, logo or company name in Canada

The procedure for how to trademark a name or how to trademark a logo is essentially the same as any other mark, but some additional considerations apply:

1. Name‑only trademarks. A standard character (word) trademark protects the wording regardless of stylisation. To register your company name as a trademark in Canada, choose a distinctive name and ensure it does not fall into the unregistrable categories above. File an application listing all relevant goods and services. The process will be the same as the general steps outlined above.
2. Logo trademarks. If your logo includes stylised lettering, colours or design elements, include a clear representation (max 8 cm × 8 cm) in your application. Describe the colours and where they appear. Consider filing a separate word mark and design mark for broader protection.
3. Combined marks. Some businesses file a combined mark (word and logo). Combined marks protect the specific arrangement but not the components separately; therefore consider separate applications for the word and the logo.
4. Trade names. Registering a trade name with a province does not grant trademark rights. To fully protect your brand, file a trademark application for the trade name used in connection with your goods and services.

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Disclaimer: The information provided in this blog is for general informational purposes only. For professional assistance and advice, please contact experts.