Trademark Registration in Canada: A Complete Guide

Why Register a Trademark in Canada?

A trademark is any word, design, sound, smell, taste, texture, or combination thereof that distinguishes your goods or services from those of others. Registering your trademark in Canada with the Canadian Intellectual Property Office (CIPO) gives you exclusive nationwide rights to use the mark in association with your goods or services.

Step 1: Conduct a Trademark Search

Before applying, conduct a thorough trademark search to determine whether a confusingly similar mark already exists. Search the CIPO trademark database (trademarks.cipo.ic.gc.ca) for registered and pending marks, but also search common law uses of the mark in Canada. A lawyer can conduct a professional search and provide an opinion on the likelihood of registration.

Step 2: File the Application

Trademark applications are filed electronically with CIPO. The application must include: the trademark (a clear image or representation), the goods and/or services associated with the mark, the basis for the application (use in Canada, use abroad, or proposed use), and the prescribed government filing fee (currently $458 for the first class of goods/services; $128 for each additional class).

Step 3: Examination

CIPO examines the application for compliance with the Trademarks Act. Common grounds for refusal include: the mark is confusingly similar to a registered trademark, the mark is clearly descriptive of the goods or services, or the mark is the name of a person.

Step 4: Advertisement and Opposition

Once approved, the application is advertised in the Trademarks Journal. Third parties have two months to file an opposition.

Step 5: Registration

If no opposition is filed (or if the opposition is overcome), the mark is registered. Canadian trademark registrations are valid for 10 years and can be renewed indefinitely.