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Country trademark guide · Updated

Trademark registration in Canada

To register a trademark in Canada, file with the Canadian Intellectual Property Office (CIPO) or designate Canada through Madrid. Since 17 June 2019, use is no longer required before registration; goods follow the Nice classes and fees are per class. Examiners still assess distinctiveness, and after 3 years an unused registration can be cancelled.

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Trademark registration in Canada

Five questions first

Which route?File directly with CIPO if you only need Canada or want flexibility in describing your goods; designate Canada through Madrid if you already have a home application or registration and want several countries.Details ↓What do I need?The applicant's name and address, the mark, a transliteration and translation of any non-Latin or foreign wording, and specific goods or services grouped by Nice class, ideally in CIPO's pre-approved wording.Details ↓How are official fees charged?Online: CAD 491.06 for the first class and CAD 149.04 for each additional class (2026 fees, adjusted every 1 January). Service fees are quoted after you submit the order.Details ↓How long does it take?CIPO forecast: applications filed in October 2026 reach examination in about 8.2 months; after publication, the mark registers if nobody opposes within 2 months.Details ↓What are the main risks?Confusion with earlier marks, wording that is descriptive in English or French, and lack of inherent distinctiveness; after 3 years, a registration that is not used can be cancelled.Details ↓
Key facts

Trademarks in Canada: key facts

OfficeCanadian Intellectual Property Office (CIPO), a special operating agency of Innovation, Science and Economic Development Canada (ISED). Website and search links: IP Toolbox.
LawTrademarks Act (R.S.C. 1985, c. T-13); procedural rules in the Trademarks Regulations (SOR/2018-227). The current regime has applied since 17 June 2019
UseNo use is required before registration and no declaration of use is filed; at filing, the mark must be used in Canada or you must intend to use it (section 30(1))
Madrid SystemMember since 17 June 2019; Canada can be designated through Madrid
RepresentationNot compulsory: applicants can act for themselves. Anyone acting on your behalf must be a licensed Canadian trademark agent (Trademarks Regulations, section 25)
LanguageEnglish or French; non-Latin characters need a transliteration based on pronunciation in the language of the application, and wording in other languages needs an English or French translation
Multi-class applicationsAllowed; goods are grouped by Nice class (the 13th edition applies from 1 January 2026) and fees are per class
Search in examinationThe examiner searches registered marks and earlier applications and objects if confusion is likely; third parties can still oppose
Wait for examination (official forecast)CIPO forecast: applications filed in October 2026 reach examination in about 8.2 months; the service standard is a first action within 14 months of filing
Office action response (official time limit)6 months; extensions are generally refused and granted only in exceptional circumstances
Opposition (statutory)2 months from publication; extensions can be requested
Term and renewal10 years from registration, renewable every 10 years; renewal from 6 months before to 6 months after expiry
Non-use (statutory)Once the mark has been registered for 3 years, anyone can request section 45 proceedings; if use in Canada in the previous 3 years cannot be shown, the registration can be cancelled
Filing feeOnline: CAD 491.06 for the first class, CAD 149.04 for each additional class (since 1 January 2026; adjusted for inflation every 1 January)

Checked on 2026-10-06; general information only — the office's published rules and fees prevail.

Which route

Direct filing or a Madrid designation

Both routes lead to a Canadian registration. They differ in prerequisites, fee structure, who answers office actions and dependency risk.

ItemDirect filing with CIPOMadrid designation of Canada
PrerequisiteNoneA basic application or registration at your office of origin
Official feesOnline: CAD 491.06 for the first class, CAD 149.04 for each additional class, paid to CIPOBasic fee and a Canadian individual fee (first class plus each additional class, in Swiss francs; see the WIPO fee calculator) paid to the World Intellectual Property Organization (WIPO)
Goods and servicesMust be specific and grouped by Nice class; entries from CIPO's pre-approved wording are accepted as they areMust also meet Canada's specificity requirements, and amendments cannot go beyond the scope of the international registration
Who answers office actionsYou, or a licensed Canadian trademark agentFiling goes through WIPO with no Canadian agent needed; once CIPO issues an office action, you answer it yourself or through a licensed Canadian trademark agent
Examination timingApplications are examined in order of receipt; expedited examination can be requested if the conditions are metCIPO must issue any refusal within 18 months of being notified of the designation; refusals based on an opposition can come later
Dependency riskNoneIf the basic application or registration is refused or cancelled within 5 years, the Canadian designation falls with it (it can be transformed into a Canadian national application as provided)
Best forYou only need Canada; you want flexibility; you have no home filing to rely onYou already have a home filing and want protection in several countries

Not sure? Run a free search first, then submit an order online; the agent will recommend a route based on the search results.

What to prepare

Documents checklist

For a direct application to CIPO, prepare the following information and documents. Signed documents such as a power of attorney are provided following the agent's instructions.

Applicant

  • Name (for a company, its full legal name as registered)
  • Mailing address; joint applicants give a single correspondence address

The mark

  • Word mark: the wording; you can state that it is to be registered in standard characters
  • Figurative or combined mark: a clear image, no larger than 8 cm × 8 cm for a two-dimensional mark; if colour is claimed, state the colours
  • Non-Latin characters: a transliteration based on pronunciation in the language of the application; any meaning translated into English or French

Goods and services

  • Group them by Nice class, with the class number before each group, and describe each item specifically in ordinary commercial terms
  • Use the pre-approved wording of CIPO's Goods and Services Manual wherever possible: those entries will not need to be made more specific
  • Fees are based on the number of classes on the filing date, and deleting classes later does not reduce them, so settle the scope before filing

Filing basis and priority

  • No evidence of use and no home registration certificate are needed
  • Earlier application filed abroad: priority can be claimed within 6 months, stating the country and filing date of the earlier application

The application is completed in English or French only; a bilingual version is not required. CIPO corresponds in English by default.

How long

Process and timeline

Example: a direct online application with no opposition.

  1. Step 1

    Clearance search (recommended)

    Search for similar marks and choose the goods wording from the Goods and Services Manual

  2. Step 2

    Filing

    File online and pay the first-class fee to obtain a filing date; fees for the other classes are paid before publication

  3. Step 3

    Examination

    Applications filed in October 2026 reach examination in about 8.2 months (official forecast); the service standard is a first action within 14 months of filing

  4. Step 4

    Office action response

    If any: reply within 6 months (official time limit); extensions only in exceptional circumstances

  5. Step 5

    Publication

    About 2 weeks after approval in the Trademarks Journal, with a 2-month opposition period (statutory)

  6. Step 6

    Registration

    With no opposition, the mark registers and a certificate is issued once the period ends; applications filed after 17 June 2019 pay no registration fee

Oppositions are decided by the Trademarks Opposition Board (TMOB): the applicant must file a counter statement within 2 months of receiving the statement of opposition, then both sides file evidence and written arguments, which takes considerably longer. Where justified, expedited examination can be requested; see the Canadian rules below.

How to read the periods: "statutory" = set by law; "official statistics" = averages published by the office; "estimate" = typical cases. Actual timing varies.

How much

Official fees

Official fees are charged as a first class plus each additional class, and online filing is cheaper than paper. Amounts are adjusted every 1 January in line with the consumer price index, and the rate that applies is the one in force on the date CIPO receives payment. The table below shows CIPO's current fees.

ItemChargedAmountApprox. USD
Paid on filing
Application fee (online filing, first class included)Per application491.06 CAD≈ USD 345
Application fee: each additional class (based on the classes at the filing date; payable before advertisement)Each additional class149.04 CAD≈ USD 105
Keeping the registration
Renewal (online, every 10 years, first class included)Per application595.06 CAD≈ USD 418
Renewal: each additional classEach additional class185.49 CAD≈ USD 130
Other
Registration of a transfer (per registered trademark or application)Per application125 CAD≈ USD 88

Source: CIPO Fees for trademarks · current fees in force since 2026-01-01 · checked on 2026-10-07 · USD figures are approximate, converted at the Bank of China spot selling rate (or, for currencies it does not quote, at the central bank's published USD rate); the official fee is the amount in the original currency

Official fees are as published by the office; the service fee is quoted by an agent after you submit, and you pay only after accepting the quote.

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Example: an online application covering 3 classes, paid in 2026, costs CAD 491.06 + 2 × CAD 149.04 = CAD 789.14 in official fees.

Applications filed after 17 June 2019 pay no registration fee on allowance. CIPO has published the fees from 1 January 2027 (up 1.7%): online filing CAD 499.41 for the first class and CAD 151.57 for each additional class.

Service fees, including the Canadian trademark agent's fee, are quoted by the agent after you submit the order; you pay only after accepting the quote.

Watch out

Rules specific to Canada and common refusals

These are the most common grounds for refusal in Canadian examination, along with Canadian rules that are easy to overlook.

Confusion with earlier marks (sections 12(1)(d) and 37(1)(c))

The examiner searches registered marks and earlier applications and raises an objection if confusion is likely. Third parties can also oppose within 2 months of publication, including on the ground of bad faith (section 38(2)(a.1)). A clearance search before filing greatly reduces these risks.

Descriptive in English or French, or the name of the goods (sections 12(1)(b) and (c))

A Canadian feature: marks that clearly describe the quality, origin or other features of the goods in English or French cannot be registered, and nor can a mark that is the name of the goods in any language. A foreign-language mark whose translation is the name of the goods is refused too.

Lack of inherent distinctiveness (sections 32 and 37(1)(d))

Since 17 June 2019, examiners can object that a mark is not distinctive and ask for evidence that it was distinctive on the filing date. Non-traditional marks such as a single colour, a three-dimensional shape or a sound also need this evidence.

Names and surnames (section 12(1)(a))

A word that is primarily merely the name or surname of a living individual, or of one who has died within the last 30 years, cannot be registered. If your brand is a founder's surname, adding a distinctive design or other wording is safer.

Official marks (section 9(1)(n)(iii))

A Canadian peculiarity: once the Registrar gives public notice of a public authority's "official mark", nobody else may adopt the same or a confusingly similar mark, whatever the goods. Include official marks in your search; since 1 April 2025, the Registrar can give notice that an official mark no longer has this effect.

Goods not specific enough (section 30(2)(a))

Each item must be described specifically enough to be identified; copying the Nice class heading is often not enough. Pre-approved entries from CIPO's Goods and Services Manual avoid this objection.

Get a trademark search report: can your mark be registered in Canada?

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After registration

Keeping the registration

Canadian registrations need no periodic declarations of use, but once registered for 3 years, anyone can require you to show use in Canada; if you miss the renewal deadline, the registration is expunged.

WhenWhat to doOfficial fee
From 3 years after registrationKeep using the mark in Canada and keep evidence. If you receive a section 45 notice, file an affidavit or statutory declaration within 3 months showing use in the 3 years before the noticeNone for the owner (the requesting party pays CAD 595.06)
From 6 months before to 6 months after expiry, then every 10 yearsRenew online; if the registration is not renewed by expiry, CIPO sends a notice and renewal is still possible within 2 months of itCAD 595.06 for the first class, CAD 185.49 for each additional class
Any timeRecord an assignmentCAD 125 per registration
Any timeRecord a change of name or addressVaries

The Registrar can also start section 45 proceedings on its own initiative. If use cannot be shown and there is no special circumstance excusing it, the registration is cancelled or amended for the goods or services not in use.

Once registered, you can file a free Request for Assistance with the Canada Border Services Agency (CBSA) so that customs can detain suspected infringing goods on import or export; it is valid for 2 years and renewable. E-commerce brand registries usually also require a registered or pending trademark.

FAQ

Trademark registration in Canada

How much does a Canadian trademark cost?

Online official fees are CAD 491.06 for the first class and CAD 149.04 for each additional class, in force since 1 January 2026; 3 classes, for example, cost CAD 789.14. No registration fee is payable on allowance. Fees are adjusted every 1 January: from 2027 the first class costs CAD 499.41. Service fees, including the Canadian trademark agent's fee, are quoted by the agent after you submit the order; you pay only after accepting the quote.

How long does Canadian trademark registration take?

CIPO's forecast: applications filed in October 2026 reach examination in about 8.2 months. About 2 weeks after approval the mark is published, and it registers if nobody opposes within 2 months. If there is an office action you have 6 months to reply; an opposition takes considerably longer.

Can I register a mark I do not yet use in Canada?

Yes. Since 17 June 2019, Canada requires no use before registration, and no declaration of use or home registration certificate.

You must, however, already use the mark or genuinely intend to use it when you file, or a third party can oppose on that ground (section 38(2)(e)); and once registered for 3 years, a registration whose use in Canada cannot be shown can be cancelled.

Do foreign applicants need a Canadian trademark agent?

Not by law: you can file, pay and renew yourself. But anyone who acts for you before CIPO, for example to answer an office action, must be a licensed Canadian trademark agent; an agent from another country cannot act directly. If you use an agent, the filing and replies go through a licensed Canadian trademark agent.

Can I register a mark in another language or script in Canada?

Yes. Non-Latin characters need a transliteration, and the wording needs an English or French translation. The examiner looks at the translated meaning: if it describes the goods or is their name, the mark is refused. If you sell to Canadian consumers, consider also registering an English or French mark.

Does my US trademark protect me in Canada?

No. US and Canadian trademarks are independent; for protection in Canada you must file with CIPO or designate Canada through Madrid. The rules also differ: Canada requires no use before registration, while most direct US applications must show use. See Trademark registration in the United States.

Other IP rights

Patents: Canadian patents are examined by CIPO and last 20 years from the filing date; PCT applications can enter the Canadian national phase.

Designs: registered designs are protected until the later of 10 years from registration or 15 years from filing, subject to maintenance fees; Canada can also be designated through the Hague Agreement (since 5 November 2018).

Patent applications are handled through an affiliated patent agency.

IP news: Canada

Other countries and territories in the region

United States · Mexico · New Zealand

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Notice: the services described on this page are carried out by locally licensed partner firms; J&C is your point of contact and coordinates and delivers the work. Fees shown are estimates; official fees are those actually charged by the office and the final quote is confirmed by an agent. Examination times are set by each office and the outcome depends on official examination; we make no promise as to results. By submitting an order you agree that the information needed for the work is shared with the relevant partner firm (which may be outside your country). This page is general information, not legal advice.

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