Trademarks

Trademark Registration in Canada

Trademark registration in Canada is a valuable asset that helps protect your brand and make it recognizable in the business world. Understanding the process and the legal requirements matters for any business or individual that wants to build a distinctive brand identity in Canada.

Once your trademark is registered, you hold the right to use it across Canada for 10 years. After that, you can renew your trademark registration in Canada every 10 years.

A registered trademark is a trademark recorded in the Register of Trademarks. The certificate of registration is direct evidence that you own the trademark.

Why Work with Export Partners?

Preparing and following up on a trademark application for trademark registration in Canada can be a complex process. Whoever handles it needs solid knowledge of trademark law and of how the registry office works. If you have an agent, the CIPO examiner will correspond with that person. If you cancel this arrangement, the office will need to contact you directly, and possible communication gaps may cause delays in the process.

Please note that unregistered trademark agents are not authorized to represent applicants in proceedings on trademark applications. We carry out your Canada trademark registration process together with our specialized, authorized law firm. You can send us detailed questions about the process, receive a prompt reply and move ahead with trademark registration in Canada for your brand.

Process Map

Preliminary Search

We search whether the brand name in your application has already been registered by another applicant with the Canadian Intellectual Property Office (CIPO), and whether a similar registered trademark exists.

Filing

We file your application with the Canadian Intellectual Property Office (CIPO) using the application form, together with details such as your name and address, your trademark, the goods or services associated with it, and the official fee.

Publication of the Filing Date

(Within 3-4 business days of your application to us)

If everything in your application is in order, CIPO assigns a filing date and an application number. Your application is then entered into the Canadian Trademarks Database.

Examination

(Approximately 10 months)

Registrability check: a trademark examiner reviews your application to confirm that your trademark is registrable.

Examiner's Report

If there is an issue with your application, such as possible confusion with an existing trademark, the examiner informs us in a report. We respond to any of the examiner's queries at no additional charge.

Approval

(Approximately 12-14 months)

If your application is approved, CIPO sends us an official notice of approval.

Or;

Refusal

If your application is refused, CIPO will send you a report explaining the reasons. If your application is refused, you have the right to appeal to the Federal Court of Canada

Opposition

If a company or an individual brand owner opposes your application for any reason, the Trademarks Opposition Board will notify us and you will receive a copy of the statement of opposition. You and the opposing party will then have the opportunity to submit evidence and written arguments. We manage this process for you.

Registration

If no opposition is filed, or if the opposition is rejected, your application moves on to registration. CIPO will send you a certificate of registration and record the trademark in the Register of Trademarks.

Renewal

To maintain your trademark registration in Canada, you will need to pay a renewal fee (official fee) every 10 years.

Trademarks

Trademark Registration in Canada