Trademark Registration in Canada

The registration process generally follows these steps:

1) Search: Conduct a thorough search of the Canadian Trademarks Database to ensure your proposed trademark is not confusingly similar to an already registered or pending mark. This step is highly recommended to avoid objections and opposition. You can perform a search through the Canadian Trademarks Database on our website.

2) Prepare and File Application:

File the application with CIPO, preferably through their online e-Filing service, which is generally cheaper than paper filing.

The application must include:

1.1 The name and contact information of the applicant.

1.2 A representation or description of the trademark (e.g., a drawing or word mark).

1.3 A clear list of the goods or services associated with the trademark, classified according to the Nice Classification system.

1.4 Payment of the initial application fee.

3) Examination: A CIPO examiner reviews the application for compliance with the Trademarks Act and searches for conflicting marks. If there are objections, the examiner will issue a report, and the applicant must respond, usually within six months.

4) Publication/Advertisement: If the application is approved by the examiner, it is published in the Trade-marks Journal for two months. This period allows any third party to file an opposition (a challenge) to the registration.

5) Allowance and Registration:

If there is no opposition (or if an opposition is unsuccessful), the application is allowed to proceed to registration.

For applications filed before June 17, 2019, a final registration fee must be paid. For applications filed on or after this date, no further government registration fee is required as it was included in the initial application fee.

CIPO issues a Certificate of Registration, and the trademark is formally added to the Register of Trademarks.

Key Requirements and Considerations

1) Registrability: The trademark must be distinctive. It generally cannot be:
1.1 A name or surname.
1.2 Clearly descriptive or deceptively misdescriptive of the goods or services.
1.3 Confusing with an existing registered trademark.

2) Term of Protection: A registered trademark is valid for 10 years from the date of registration and can be renewed indefinitely every 10 years for a fee.

3) Non-Resident Applicants: If you are a foreign applicant and do not have a Canadian address, you are generally required to designate a representative in Canada (often a registered trademark agent).

4) First-to-File: Canada is a “first-to-file” jurisdiction, meaning priority is generally given to the first party to file the application, even if they have not yet used the mark.

Interested to proceed? Check our detailed page.