Typical Steps in a Canadian Trademark Application

Understanding how a trademark application proceeds in Canada helps set expectations, timelines, and strategy. Below is a clear overview of the key stages from filing through registration and renewal.

1. Preparing and Filing Your Trademark Application

Once retained, we begin by preparing a draft application for your review. At this stage, two core elements are confirmed:

• Applicant details (who will own the trademark); and

• Goods and services (what the trademark will be used with).

Careful drafting of goods and services is critical, as it directly impacts scope of protection, cost (based on number of classes), and examination timing.

Once finalized, the application is filed with the Canadian Intellectual Property Office (CIPO).

Shortly after filing, CIPO issues a filing confirmation, which includes:

• the application number;

• the official filing date; and

• a proof sheet summarizing the application details.

2. Examination of the Application

After filing, the application enters the examination queue. Current timelines are approximately 8 to 12 months.

A trademark examiner will review the application for compliance with the Trademarks Act and may:

• Approve the application; or

• Issue an Examiner’s Report raising objections (e.g., descriptiveness, confusion with prior marks, or technical deficiencies).

If objections are raised, we may respond by:

• submitting legal arguments;

• amending the application; or

• both.

This process may involve multiple rounds of correspondence until the examiner is satisfied or the application is refused.

3. Advertisement in the Trademarks Journal

Once approved, the application is advertised in the Trademarks Journal, which provides public notice of the mark.

From the date of advertisement, third parties have two months to oppose the application.

An opposition is a formal proceeding before the Trademarks Opposition Board (TMOB) and may involve evidence, written arguments, and hearings. While relatively uncommon (approximately 2–3% of applications), oppositions can significantly extend timelines and costs.

4. Post Advertisement and Registration

If no opposition is filed—or if any opposition is successfully overcome—the application proceeds to registration.

Once registered, the trademark is entered on the Canadian Trademarks Register, and a registration certificate is issued.

5. Term and Renewal

A Canadian trademark registration is valid for 10 years from the date of registration.

To maintain the registration:

• the trademark must remain in use in Canada; and

• a renewal fee must be paid every 10 years.

Failure to renew will result in the registration being expunged from the Register.

Final Considerations

While the process appears linear, timelines and outcomes often depend on:

• the distinctiveness of the mark;

• the breadth and wording of goods/services;

• the existence of prior rights; and

• third-party challenges.

Strategic planning at the filing stage—particularly with respect to goods/services and clearance—can significantly improve the likelihood of smooth and cost-effective registration.