How to trademark a name in Canada
Learn the steps, costs, and timeline for trademarking a business name in Canada through CIPO.
Written by Jotika Teli—Certified Public Accountant with 24 years of experience. Read Jotika's full bio
Published Wednesday 27 May 2026
Table of contents
Key takeaways
- A trademark gives you exclusive, nationwide rights to your brand name, logo, or slogan in Canada, and it's different from simply registering a business name with your province.
- You file a trademark application through the Canadian Intellectual Property Office (CIPO), with government fees starting at around $478 CAD for the first class of goods or services.
- The full process typically takes 12 to 24 months from filing to registration, and your trademark lasts 10 years before you need to renew it.
- Before you apply, search the Canadian Trademarks Database to make sure your name isn't already taken or too similar to an existing mark.
What is a trademark?
A trademark is a form of intellectual property that protects the distinctive elements of your brand. Understanding what a trademark covers is the first step toward securing your business identity in Canada.
Under the Canadian Trademarks Act, a trademark is a sign or combination of signs used to distinguish your goods or services from those of others. It can be a word, phrase, logo, design, sound, colour, shape, taste, texture, or any combination of these.
When you register a trademark with the Canadian Intellectual Property Office (CIPO), you gain the exclusive legal right to use that mark across Canada. This means no one else can use the same or a confusingly similar mark for the same type of goods or services.
What's the difference between a business name and a trademark?
You might assume that registering a business name automatically protects your brand. In reality, business name registration and trademark registration serve very different purposes.
Business name registration is a provincial or territorial requirement. It lets you operate under a specific name in that province, but it doesn't stop someone in another province from using the same name. It's an administrative step, not a form of legal protection.
Trademark registration, on the other hand, is federal. Once CIPO grants your trademark, you have exclusive rights to use that name across all of Canada for the goods or services listed in your registration. If someone infringes on your mark, you have legal grounds to take action.
In short, you likely need both. Register your business name with your province to operate legally, and register your trademark with CIPO to protect your brand nationwide. If you're still deciding on a name, check out this guide on how to come up with a business name.
What's the difference between a trademark, copyright, and a patent?
Trademarks, copyrights, and patents all fall under intellectual property, but they protect different things. Knowing which one applies to your situation helps you choose the right type of protection.
- Trademark: protects brand identifiers like names, logos, and slogans. It prevents others from using a confusingly similar mark for the same type of goods or services.
- Copyright: protects original creative works such as written content, music, artwork, and software code. In Canada, copyright exists automatically when you create the work.
- Patent: protects new inventions, including processes, machines, and compositions of matter. Patents require a formal application and grant exclusive rights for a limited period, typically 20 years.
As a small business owner, a trademark is likely the most relevant form of protection for you. It's what keeps your brand name, logo, and reputation safe in the marketplace.
Why register a trademark in Canada?
You can use a brand name without registering it, but registration gives you a level of protection that's difficult to get any other way. These are the main advantages to consider.
- Exclusive nationwide rights: registration gives you the sole right to use your mark across all of Canada for your registered goods or services.
- Easier enforcement: if someone copies your brand, a registered trademark makes it much simpler to take legal action.
- Brand value: a registered trademark is a business asset. You can licence it, sell it, or use it as collateral.
- Consumer trust: the registered trademark symbol (®) signals to customers that your brand is established and legally protected.
- International protection: a Canadian registration can serve as the basis for trademark filings in other countries through the Madrid Protocol.
What can and can't be trademarked in Canada?
Not every name or design qualifies for trademark protection. CIPO evaluates applications based on distinctiveness and a set of rules under the Canadian Trademarks Act.
What can be trademarked
The stronger and more distinctive your mark is, the easier it is to register. Trademarks generally fall along a spectrum of distinctiveness.
- Coined or fanciful marks: invented words with no existing meaning, like "Xero." These are the strongest type of trademark.
- Arbitrary marks: real words used in an unrelated context, like "Apple" for computers.
- Suggestive marks: words that hint at a quality of the product without directly describing it.
You can also trademark logos, slogans, sounds, colours, shapes, and other non-traditional marks, provided they're distinctive enough to identify your goods or services.
What can't be trademarked
Certain types of marks are difficult or impossible to register under the Canadian Trademarks Act. Knowing these restrictions early saves you time and money.
- Descriptive marks: names that simply describe your product or service, like "Fast Delivery" for a courier company.
- Generic terms: common words for the product itself, like "Coffee" for a coffee shop.
- Deceptive marks: names that mislead the public about the nature, quality, or origin of your goods or services.
- Confusingly similar marks: names too close to an existing registered trademark.
- Protected symbols: official government symbols, flags, or emblems, including the Red Cross and United Nations symbols.
How much does it cost to trademark a name in Canada?
Trademark registration involves government fees and, in many cases, professional fees. For a broader look at business launch expenses, see this guide to startup business costs in Canada.
CIPO government fees
CIPO charges fees at two stages: when you file your application and when your trademark is registered. These fees are adjusted annually.
The application fee is approximately $347 CAD for the first class of goods or services, plus around $105 for each additional class. The registration fee is approximately $131 CAD for the first class, plus around $44 for each additional class.
In total, a single-class trademark costs roughly $478 to $491 CAD in government fees alone. If your mark covers multiple classes under the Nice Classification system, each additional class adds approximately $145 to $149.
Professional fees
While you can file a trademark application on your own, you may want to hire a registered trademark agent or lawyer. Professional fees typically range from $2,000 to $4,000 CAD all-in, depending on the complexity of your application and whether any objections arise during examination.
An agent can help you choose the right classes, draft a strong description of your goods or services, and respond to any office actions from CIPO. This can be especially worthwhile if your mark is in a competitive space.
How to check trademark availability in Canada
Before you invest time and money in an application, check whether your desired name is already taken. A thorough search can save you from a rejected application or a costly dispute later.
Search the Canadian Trademarks Database
CIPO offers a free Canadian Trademarks Database where you can search for existing and pending trademarks. Start by searching for your exact name, then try variations and phonetic equivalents.
Keep in mind that CIPO doesn't just look for identical matches. Your application can be refused if your mark is "confusingly similar" to an existing one. This means similar-sounding names, similar spellings, or marks that give a similar overall impression in the same category of goods or services.
Consider a professional search
A self-search on the CIPO database is a good starting point, but it has limits. A registered trademark agent can conduct a more comprehensive search that includes common law trademarks, business name registrations, and domain names. This broader search gives you a clearer picture of potential conflicts before you file.
How to apply for a trademark in Canada
Once you've confirmed your name is available, it's time to file your application with CIPO. The process involves several stages, each with its own timeline. If you're launching a new business alongside this step, a starting a business checklist can help you stay organized.
Step 1: Conduct a trademark search
Even if you've done a preliminary search, it's worth doing a final, thorough check before filing. Search the Canadian Trademarks Database for identical and similar marks in your class of goods or services. If you're working with a trademark agent, they can run a comprehensive search for you.
Step 2: Prepare your application
Your application needs to include specific information. Gather this before you start filling in the forms.
- Your mark: the exact name, logo, or other mark you want to register.
- Applicant details: your legal name and address, or your business's legal name and address.
- Goods and services: a clear description of the goods or services your mark covers, classified under the Nice Classification system.
- Filing basis: whether you're already using the mark in Canada, plan to use it (proposed use), or have a foreign registration.
Getting the goods and services description right is critical. If it's too narrow, you won't have full protection. If it's too broad, CIPO may raise objections.
Step 3: Submit your application to CIPO
You can file your application online through CIPO's website or by mail. Online filing is faster and slightly cheaper. Once CIPO receives your application, they'll issue a filing date and assign an examiner.
Step 4: Wait for examination
A CIPO examiner will review your application to make sure it meets all legal requirements. This stage currently takes around 7 to 9 months due to processing volumes. If the examiner has concerns, they'll issue an office action, and you'll have a set period to respond.
Step 5: Publication in the Trademarks Journal
If your application passes examination, it's published in the Canadian Trademarks Journal for a two-month opposition period. During this time, anyone who believes the mark conflicts with their own rights can file an opposition. If no one opposes, your application moves forward.
Step 6: Registration and certification
After the opposition period closes without any challenges, CIPO will issue a notice of allowance and ask you to pay the registration fee. Once paid, your trademark is officially registered and you'll receive a certificate of registration. You can now use the ® symbol.
How long does it take to trademark a name in Canada?
The timeline for trademark registration in Canada depends on several factors, including CIPO's current processing times and whether any issues come up during examination.
The process breaks down into three main stages, each with its own timeline.
- Examination queue: 7 to 9 months after filing.
- Publication period: 2 months in the Trademarks Journal.
- Registration: 1 to 2 months after publication, once the registration fee is paid.
In total, expect the process to take 12 to 24 months from start to finish. Delays can occur if CIPO issues an office action, if someone files an opposition, or if there's a backlog. Filing a complete and accurate application from the start is the best way to avoid unnecessary delays.
How to use and protect your trademark
Getting your trademark registered is a major milestone, but it's not the end of the process. You need to actively use and protect your mark to keep it valid.
Use the correct symbols
Once your application is filed, you can use the ™ symbol next to your mark to signal that you're claiming trademark rights. After your mark is officially registered, switch to the ® symbol. Using ® before registration is misleading and should be avoided.
Monitor for infringement
It's your responsibility to watch for others using your mark or a confusingly similar one. Set up regular searches on the Canadian Trademarks Database and online marketplaces. If you spot potential infringement, consult a trademark professional about your options, which can range from a cease-and-desist letter to formal legal action.
Renew your registration
A Canadian trademark registration lasts 10 years. You'll need to renew it before it expires, or you'll lose your protection. CIPO sends a reminder, but it's worth keeping track of the date yourself.
Keep using your mark
In Canada, a trademark can be cancelled if it hasn't been used for three consecutive years. Make sure you're actively using your mark in connection with the goods or services listed in your registration. Keep records of how and when you use it, as this evidence can be important if your mark is ever challenged.
Common mistakes when trademarking a name in Canada
Even with the best intentions, it's easy to make mistakes during the trademark process. Avoiding these common pitfalls can save you time, money, and frustration. If you're exploring startup business ideas, it's worth thinking about trademark protection early.
- Skipping the trademark search: filing without checking the Canadian Trademarks Database first is one of the most costly mistakes. A conflicting mark can lead to a rejected application or an opposition.
- Choosing a descriptive or generic name: names that simply describe your product or service are very difficult to register. The more distinctive your name, the stronger your trademark protection.
- Selecting the wrong Nice Classification: picking the wrong class or describing your goods and services too vaguely can limit your protection or trigger objections from CIPO.
- Assuming business name registration equals trademark protection: registering a business name with your province does not give you nationwide trademark rights. These are two separate processes.
- Filing too narrow or too broad: a description that's too narrow leaves gaps in your protection, while one that's too broad may be challenged during examination.
- Forgetting to renew: your trademark expires after 10 years if you don't renew it. Mark the date in your calendar well in advance.
Manage your business finances with Xero
Protecting your brand with a trademark is an important step in building a strong business. Once that's taken care of, it helps to have your finances in order too.
Xero's cloud accounting software makes it easy to track expenses, send invoices, and stay on top of your cash flow, so you can spend less time on admin and more time growing your business. Try Xero for your Canadian business and get one month free.
FAQs on trademarking a name in Canada
Here are answers to some of the most common questions about the Canadian trademark process.
How much does it cost to trademark a name in Canada?
CIPO fees are non-refundable, so if your application is refused, you won't get the filing fee back. Budgeting for a professional search before you file can help you avoid paying twice. Check CIPO's fee schedule directly, as rates are adjusted annually.
How long does the trademark process take in Canada?
Timelines can stretch beyond 24 months if CIPO issues multiple office actions or a third party files an opposition. Filing a complete, well-classified application with a thorough search upfront is the most effective way to avoid delays.
Can I trademark a name I'm not using yet?
Yes. Canada allows you to file a trademark application on a "proposed use" basis. This means you can secure your mark before you've started using it commercially. You don't need to prove use at the time of filing.
What's the difference between ™ and ®?
The ™ symbol carries no formal legal status in Canada; it simply signals your intent to claim the name. The ® symbol, by contrast, carries statutory rights and can only be used after CIPO grants your registration. Using ® on materials in any country where you don't hold a registration could be considered misleading.
Do I need a lawyer to trademark a name in Canada?
You're not legally required to hire a lawyer or trademark agent, and you can file directly with CIPO. However, a professional can help you avoid common mistakes, choose the right classes, and respond to any objections during examination.
Can someone oppose my trademark application?
Yes. If you receive an opposition notice, act quickly because there are strict deadlines to respond. Opposition proceedings can be costly, so it's worth consulting a trademark professional as soon as you're notified. Many oppositions are resolved through negotiation before a formal hearing.
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