Trademark Basics (Canada)

What is a Trademark?

A trademark is a sign used to distinguish the goods or services of one person or business from those of others. Trademarks may consist of words, designs, logos, sounds, colours, scents, textures, moving images, three-dimensional shapes, packaging, or holograms—alone or in combination.

When a trademark functions properly, it signals source. Over time, this creates goodwill: the reputation and positive consumer association that attracts customers to your goods or services over those of competitors.

A certification mark is a special type of trademark licensed to others to certify that goods or services meet a defined standard. For example, certain marks certify geographic origin or quality standards.

What Can I Trademark?

Common registrable trademarks include:

• Brand names and product names

• Logos and designs

• Slogans and taglines

• Sounds, colours, and shapes (in appropriate circumstances)

In general, anything that identifies your brand and distinguishes your goods or services may qualify—provided it is distinctive and complies with the Trademarks Act.

What Can’t I Trademark?

You generally cannot register:

• Names or surnames

• Clearly descriptive or deceptively misdescriptive marks

• Marks that are the common name of the goods or services

• Marks that indicate geographic origin

• Marks that are confusingly similar to prior pending or registered marks

The Act also prohibits registration of certain “official marks”, including badges, crests, and emblems adopted and used by Canadian public authorities.

Early legal review is critical. Filing a non-registrable mark wastes time and government fees and can complicate later branding decisions.

Why Register a Trademark?

A Canadian trademark registration:

• Grants exclusive nationwide rights for the registered goods and services

• Is prima facie evidence of ownership and validity

• Enables Federal Court infringement actions

• Strengthens domain-name and online enforcement

• Blocks later confusingly similar applications

Registrations are renewable every ten years and can last indefinitely if properly used and renewed.

Québec note: A registered trademark may qualify for important exceptions under Québec’s French language laws, easing branding and packaging compliance.

Registered vs. Unregistered (Common Law) Trademarks

• Registered trademarks receive nationwide statutory protection under the Trademarks Act.

• Unregistered (common law) trademarks are protected only where goodwill can be proven and only in the geographic area of use.

Proving common law rights is evidence-heavy, expensive, and uncertain. Registration materially shifts the burden of proof in your favour.

The Canadian Trademark Registration Process

1. Search (recommended): Assess registrability and risk of confusion.

2. Application: Filed with the Canadian Intellectual Property Office (CIPO).

3. Examination: An examiner reviews compliance and searches for conflicting marks.

4. Advertisement: Approved applications are published for opposition.

5. Opposition (if any): Third parties have two months to object.

6. Registration: Issued if no opposition succeeds.

How Long Does It Take?

Current estimates:

• Pre-approved goods/services: ~16 months to examination

• Custom descriptions: up to ~24 months

• Madrid designations to Canada: ~12–18 months

From filing to registration, most Canadian applications take 1–3 years, longer if opposed.

Costs (Government Fees – 2026)

• Application: $491.06 (first class)

• Each additional class: $149.04

• Renewal (every 10 years): $595.06 (first class)

• Each additional class: $185.49

Professional fees vary depending on complexity, number of classes, and objections encountered.

Trade Names vs. Trademarks

A trade name identifies a business.A trademark identifies the source of goods or services.

Incorporation or business-name approval does not grant trademark rights or guarantee registrability.

Words, Fonts, and Colours

• Registering a word mark in standard characters offers the broadest protection.

• Registering a logo in black and white typically covers all colour variations.

• Registering a mark in a specific colour or stylization narrows protection.

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Look-Alike and Sound-Alike Marks

Confusion is assessed under section 6 of the Trademarks Act, considering:

• Appearance and sound

• Meaning or idea suggested

• Nature of goods/services

• Channels of trade

• Surrounding circumstances

This is a fact-specific analysis. Clearance searches and legal opinions materially reduce risk.

Domain Names and Trademarks

A domain name is not a trademark by default. However, a domain name can function as a trademark if it identifies source rather than merely an address.

Trademark rights are often essential in domain-name disputes, including WIPO proceedings.

Key Practical Takeaways

• File early—Canada is a first-to-file jurisdiction.

• Broad goods/services must still be in ordinary commercial terms.

• You cannot expand goods/services after filing.

• Preserve evidence of use.

• Weak marks are harder to enforce and easier to attack.