Originally Published: October 17, 2023
In Canada, registering a trademark is one of the best ways to protect your brand. Whether you want to secure a business name or logo for long-term use, the process helps you gain legal protection and avoid trademark infringement. Before you apply, it’s important to start with a trademark search to check for existing or similar registered marks.
This guide explains what Canadian business owners and small businesses need to know about the registration of a trademark. We’ll cover the costs, who can apply, and the steps to complete the process.
What is a Trademark in Canada?
A trademark is a word, symbol, design, slogan, or logo that distinguishes your products or services from others. Over time, it becomes tied to your business’s reputation. In Canada, these registrations are governed by the Trademark Act. You can register an ordinary trademark, a certification mark, or a distinguishing guise.
Many people wonder, how do I get a name trademarked? Registering names, logos, and slogans is what provides them with legal protection.
Trade Name vs. Trademark
Many people confuse a trade name with a trademark. A trade name is the legal name under which a business operates, while a trademark gives you exclusive rights to use a brand identifier.
Registering a trade name allows you to legally operate and do business under that name. However, it does not give you exclusive rights to the name across Canada.
For corporations, the corporate name receives name protection, preventing others in your jurisdiction from registering the same name. However, trade names registered under a corporation do not have the same protection.
If your name is central to your brand, you should follow trade name registration with a trademark application Canada. This ensures exclusive rights to use the name nationwide and strengthens your legal protection.
Benefits of Registering a Trademark
Filing offers several important benefits:
- Exclusive Rights: Prevent others from using a confusingly similar trademark.
- Brand Value: A registered brand identifier is an asset and can be sold or licensed.
- National Coverage: Trademark registration in Canada gives protection across the country.
- Easier Enforcement: You’ll have clearer grounds for legal action if infringement occurs.
- Consumer Trust: Protecting your name or logo adds legitimacy in the eyes of your audience.
Protect What Matters to Your Brand
You can file to protect:
- Names
- Logos
- Slogans
- Unique packaging or shapes
Wondering how do you get a logo trademarked? As long as it’s distinctive and not already taken, you can include it in your application. You may also trademark your business name through the same process.
However, some elements fall under restricted trademarks. You cannot register anything that:
- Is clearly descriptive (e.g., “Fresh Apples” for apples)
- Uses proper names or surnames
- Is misleading or deceptive
- Includes official marks, such as national symbols
How to Register a Trademark in Canada
Many ask, how can I trademark a name or how do I trademark a logo in Canada? Here are the steps to file a trademark in Canada successfully:
Step 1: Search Existing Trademarks
Search for Canadian trademarks using the NUANS database to find similar trademarks that could conflict with your application. Identifying conflicts early helps you avoid rejection and potential legal action.
Ontario Business Central offers a trademark search service through the NUANS database to simplify this step. Our team can help you find conflicts before you file.
Step 2: Prepare Your Application
Include details such as:
- A clear representation of the subject (name, logo, or both)
- A description of associated products or services
- Applicant’s legal name and address
Step 3: Submit to CIPO
File your application Canada through the Canadian Intellectual Property Office (CIPO). Pay the necessary application fees, which vary depending on the number of classes your trademark covers.
Step 4: CIPO Review
CIPO examines the application. If it meets the rules under the Trademark Act, it moves to publication. If not, you’ll receive an objection letter outlining what to fix.
Step 5: Public Opposition Period
Your application will appear in the Trademarks Journal. Other trademark owners can file objections if they believe your submission conflicts with theirs.
Step 6: Registration
If there are no objections or if you resolve them, it will be registered. This process can take several months.
Costs of Trademark Registration
The total cost includes government fees and possibly agent or legal fees. As of 2025:
- Government Filing Fee: $330 for the first class, $100 for each additional class
- Legal Assistance (optional): Varies, but expect $500–$2,000 depending on complexity
Hiring a registered agent is optional, but they can guide you through legal language and avoid mistakes.
Registered vs. Unregistered
If you’re wondering whether it’s worth registering, consider the difference:
- Registered Marks: Full legal protection, Canada-wide coverage, and easier enforcement
- Unregistered Marks: Limited rights based on geographic use; harder to defend
Only registered marks allow you to use the ® symbol. Otherwise, you can use ™ to show intent to claim rights.
How Long Does it Last?
In Canada, the registration lasts for 10 years with the option to renew every 10 years. Failing to use or renew it could lead to cancellation.
Should You Hire an Agent?
Hiring a registered trademark agent reduces the risk of errors in your application, although it is not mandatory. They will be familiar with trademark laws. If you’re filing on your own, read the CIPO guidelines carefully to avoid rejection.
Mistakes to Avoid When Filing
- Not conducting a search for existing registrations
- Using a generic or descriptive name
- Failing to identify the right class for your goods/services
- Filing incomplete applications
Monitoring & Protection
After registration, it’s up to you to monitor your mark. Watch for trademark infringement and act quickly if someone uses your mark without permission. You may need to pursue legal action to defend your rights.
FAQs
How Do You Trademark a Name in Canada?
First, search for trademarks to make sure your proposed name is available and not too close to an existing one. Once you’ve cleared this hurdle, you file a formal application with the Canadian Intellectual Property Office (CIPO). Your application must include:
- The exact name or word mark you wish to register.
- A clear description of the goods and/or services associated with that name, organized according to the Nice Classification system.
- A specimen or example of how you’re currently using the name in commerce (for instance, on packaging or promotional materials).
- The prescribed fees, which vary depending on the number of classes you select and whether you apply online or by paper.
From filing to registration, the process typically takes 18–24 months, provided there are no major objections or oppositions.
Can I Protect a Name & Logo at the Same Time?
Yes, you can apply to protect both your name (word mark) and your logo (design mark) in one filing. However, it is usually stronger to submit a separate application for each:
- Word marks offer broader protection, covering the name regardless of font, color, or stylization.
- Design marks safeguard the specific visual presentation of your logo, including stylized text, symbols, or graphics.
Separate registrations help protect your name and logo more effectively. If someone opposes or challenges one application, the other can still proceed. Separate certificates also make enforcement easier. If someone infringes only your name or only your logo, you have the right document to defend each.
Is Registering a Trademark Mandatory?
No, registration is not mandatory in Canada. However, a federal registration provides critical benefits:
- Exclusive nationwide rights in your registered classes, rather than protection limited to geographic areas where you operate.
- The legal presumption of ownership and entitlement to use across Canada, shifting the burden onto infringers to prove otherwise.
- Enhanced remedies in infringement actions, including potential award of recovery for profits and damages.
If you plan to grow beyond your local area, registering gives you peace of mind and legal protection. The benefits are greater than the costs and effort.
What is a Trademark Symbol?
Symbols communicate the status of your rights to the public:
- ™ (TM): Indicates a claimed but unregistered trademark. Use ™ while your application is pending or if you’re relying on common-law rights only.
- ®(R): Signifies a registered trademark. You may only use ® once CIPO has officially granted your registration certificate.
Using ® without actual registration can lead to enforcement issues or fines, so it’s best to apply it accurately.
Start Building Your Brand Protection Today
To build a strong brand and plan for long-term growth, registering a trademark in Canada is an important step. A trademark protects your brand name or logo and gives you exclusive rights across the country.
Ontario Business Central can help you set a solid foundation. We offer services for preliminary name search, business registration, and matching domain names. All important steps before you apply for a trademark. Our team is here to assist you and make the process easier.
inquiries@ontariobusinesscentral.ca
Toll-Free: 1-800-280-1913
Local: 1-416-599-9009
Fax: 1-866-294-4363
Office Hours: 9:00am – 5:00pm
Monday – Friday E.S.T.
Ontario Business Central Inc. is not a law firm and cannot provide a legal opinion or advice. This information is to assist you in understanding the requirements of registration within the chosen jurisdiction. It is always recommended, when you have legal or accounting questions that you speak to a qualified professional.
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