To register a trademark in Canada, you file an application with the Canadian Intellectual Property Office (CIPO), pay the filing fee, and wait for an examiner to review and approve your mark. The process can take anywhere from several months to over a year depending on whether issues come up during examination. Here’s what you need to know at each stage.
What You Can Register as a Trademark
A trademark is any sign that distinguishes your goods or services from someone else’s. In Canada, that includes words, logos, slogans, sounds, textures, tastes, colors, holograms, moving images, the shape of goods or their packaging, and scents. Most applicants register a word mark (the business or product name), a design mark (a logo), or both.
Before you file, your mark needs to be distinctive. That means it can’t simply describe the product (“Fresh Bread” for a bakery), be a common surname without acquired recognition, or be confusingly similar to a trademark someone else already owns or has applied for. A quick search of the Canadian Trademarks Database, which CIPO maintains online, will show you existing registrations and pending applications that might conflict with yours.
How Goods and Services Classification Works
Canada uses the Nice Classification system, an international standard that organizes all possible goods and services into 45 classes: 34 for goods and 11 for services. When you file, you must list the specific goods or services your trademark will cover and assign each one to the correct class.
This matters because fees are charged per class. If you sell clothing (Class 25) and also run an online retail store (Class 35), you’ll pay for two classes. CIPO publishes a Goods and Services Manual that lists pre-approved descriptions and their associated classes, which speeds up examination. Using wording from that manual reduces the chance an examiner will ask you to clarify or reclassify your goods.
Filing Fees
Filing online through CIPO’s website is both cheaper and faster than submitting by mail or fax. For 2026, the fee structure is:
- Online filing: $491.06 for the first class of goods or services, plus $149.04 for each additional class.
- Paper or fax filing: $640.10 for the first class, plus $149.04 for each additional class.
So if you file online for a mark covering two classes, expect to pay $640.10 up front. A registration fee is also due later if your application is approved, before CIPO issues the actual registration certificate. These fees are non-refundable even if your application is ultimately refused.
What Your Application Must Include
A complete trademark application requires four things:
- Your name and address: The applicant can be an individual or a business entity.
- A representation of the trademark: For a word mark, this is the text itself. For a design mark, you’ll upload an image file.
- A list of goods or services: Described specifically and grouped by Nice Classification class.
- The application fee: Paid at the time of filing.
If you’re filing on behalf of a business, make sure the applicant name matches the legal entity that will own the trademark. You can file the application yourself or hire a trademark agent to handle it for you. Foreign applicants (those without a Canadian address) are required to appoint a Canadian trademark agent.
The Examination Process Step by Step
Once CIPO receives your complete application and fee, the office assigns a filing date and an application number. Your application then enters a queue for examination.
Examiner Review
A CIPO examiner checks whether your trademark is registrable under Canadian law. They look at whether the mark is distinctive, whether it conflicts with existing trademarks, and whether the goods and services are properly described and classified. The wait time for this first examination varies, but plan for several months before you hear anything.
Examiner’s Report
If the examiner finds problems, they issue a report explaining the concerns. Common issues include similarity to an existing mark, descriptions of goods or services that are too vague, or a mark that is considered merely descriptive. You have six months from the date of the examiner’s report to respond. Your response might involve amending the application, narrowing your goods list, or arguing why your mark is in fact registrable.
If the examiner has no objections, or once you’ve resolved all concerns, the application moves to approval.
Approval and Opposition
When your application is approved, CIPO publishes it in the Trademarks Journal. This opens a two-month window during which anyone can oppose your registration. Opposition proceedings are formal: an opponent must raise at least one of the specific grounds set out in the Trademarks Act, described in enough detail for you to reply. Most applications are never opposed, but marks in crowded industries or those resembling well-known brands are more likely to draw challenges.
If no one opposes your mark (or if you survive an opposition), CIPO issues a notice allowing you to pay the registration fee and receive your registration certificate.
How Long Registration Takes
The total timeline depends on how smoothly your application moves through examination. A straightforward application with no examiner objections and no opposition can be registered in roughly 12 to 18 months. If the examiner raises issues that require back-and-forth correspondence, or if someone files an opposition, the process can stretch to two years or longer.
Your filing date is important regardless of how long registration takes. It establishes your priority, meaning if someone else files for a similar mark after you, your earlier filing date works in your favor.
How Long a Registration Lasts
A Canadian trademark registration is valid for 10 years from the date of registration. You can renew it for additional 10-year periods indefinitely, as long as you pay the renewal fee before the expiry date. There’s no requirement to file proof of use during the registration term, but a trademark that isn’t actually used in Canada can be vulnerable to cancellation if a third party challenges it.
Protecting Your Trademark After Registration
Registration gives you the exclusive right to use the trademark across Canada in connection with the goods and services listed in your registration. You can use the ® symbol to signal your mark is registered. If someone infringes on your trademark, registration gives you stronger legal standing to enforce your rights in court.
Keep in mind that a Canadian registration only protects your mark in Canada. If you do business internationally, you’ll need to register separately in each country where you want protection, or use the Madrid Protocol (an international filing system Canada joined in 2019) to extend your Canadian application to other member countries through a single filing.