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🇨🇦CIPO · Canadian Intellectual Property Office

Trademark Registration in Canada

Your US registration gives no protection in Canada; north of the border is a separate right. Applications go to CIPO, Nice classification and per-class fees apply, and no declaration of use is required. Let us work through the distinctiveness examination and Quebec language rules together.

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A free attorney check and filing for your brand

Share your mark and target goods or services, and we will check the risk of an obstacle before CIPO, any distinctiveness issue and the right class plan free of charge. You decide whether to proceed once you have seen the result.

✓The check is free and carries no obligation✓No documents required✓The result comes to you in writing

Application details

Step 1 / 2

Two short steps. We do not ask for a passport or identity document at this stage.

🇨🇦Country of protection: Canada
Applicant
Where you are now

Who needs a Canadian trademark registration?

For brands entering North America, Canada is the second leg that belongs in the plan alongside the US.

Brands expanding into North America

The US and Canada produce separate rights. If you hold a US registration, Canada is still open — someone else can register the same name there.

E-commerce and marketplace sellers

Brands selling into Canada through Amazon.ca and their own store. Platform brand programmes generally require a national registration.

Software and SaaS companies

Companies selling subscriptions to Canadian business customers. A service mark application is built on a description of services rather than goods.

Food, cosmetics and consumer goods

Brands entering retail chains. French on packaging and labelling needs separate planning because of Quebec legislation.

Franchise and retail concepts

Brands opening in Toronto, Vancouver and Montreal. Registration is the legal basis of any franchise agreement.

Filing through Madrid

Canada has been a Madrid Protocol member since 2019. On multi-country portfolios it can be added as a designated country.

The 2019 reform: what changed in the Canadian system

Canada overhauled its trademark law in 2019. Filings planned on the old rules produce the wrong budget and the wrong expectations today.

Classification

Nice is mandatory

Applications follow the Nice classification and fees are calculated per class. The old flat fee irrespective of class count is gone.

Use

No declaration of use

No declaration of use is required at filing or before registration. This is the clearest difference from the US and it shortens the process.

Term

Ten-year protection

The term was reduced from fifteen years to ten. The renewal calendar follows from that; older registrations may have a different first renewal date.

Madrid

Protocol membership

Canada joined the Madrid Protocol in 2019; it can be designated and CIPO examines under its own law.

!Removing the declaration of use made it easier to register a mark and sit on it. In return, a mark not used within three years of registration becomes open to cancellation. The declaration requirement went; the obligation to use did not.

The Canadian trademark agent requirement

Applicants based outside Canada cannot act directly before CIPO.

◆Applicants based outside Canada are represented through a trademark agent on the CIPO register.
◆The requirement does not oblige the applicant to form a Canadian company; the residence assessment is a separate matter.
◆A simple written appointment is usually accepted; notarisation and apostille are generally not required.
◆MarcaWorld prepares your file and coordinates the process; representation before the office is provided by the registered Canadian agent.
We do not claim to run our own office in every country. Our service model rests on file preparation and coordination with authorised local representation.

Distinctiveness examination and the language duality

CIPO’s examination concentrates on the two grounds that most often produce refusals on Canadian files.

The distinctiveness requirement

Descriptive signs, indications of geographic origin and commonly used terms have their distinctiveness questioned. The office may ask for evidence that the sign acquired distinctiveness through use.

English and French

Canada is officially bilingual. If the mark’s meaning in either English or French is descriptive, that can be a ground for refusal; both languages are assessed.

Quebec language legislation

Quebec has its own rules on French for commercial signage and packaging. That is a compliance matter separate from registration, but the two should be planned together.

Goods and services list

The list is written to the level of specificity CIPO accepts. Broad wording triggers an examination report and extends the timeline.

CIPO fees and costs that can arise later

In the table below, official fees and service fees sit on separate lines. Because the CIPO tariff is updated, we do not publish fixed amounts here.

Filing fee — first classPaid to the officeFor the first classSince the 2019 reform Nice classification is mandatory and fees are calculated per class. The current amount is confirmed from the CIPO tariff before any quote.
Additional class feePaid to the officePer classAn additional fee arises for each class from the second onwards. The number of classes follows from the goods and services list.
Canadian agent feePaid to local representationBy file scopeMandatory for applicants based outside Canada. The amount reflects class count and file complexity and appears as its own line in the quote.
Response to an examination reportAs it arisesCharged if incurredWhere a report cites distinctiveness or earlier rights, preparing the response is separate work; failing to answer in time can mean the file is treated as abandoned.
Evidence of acquired distinctivenessAs it arisesCharged if incurredIf the office asks for evidence of acquired distinctiveness, sales data, advertising spend and market evidence are compiled. This is its own work item.
Third-party oppositionAs it arisesCharged if incurredWhere opposition follows publication, a counter-statement, evidence rounds and a hearing where needed all apply.
MarcaWorld service feeMarcaWorldSet by quoteCovers the search, class plan, drafting the list to CIPO practice, agent coordination and follow-up.
RenewalPaid to the officeEvery ten yearsSince the 2019 reform protection renews in ten-year periods, and the renewal fee is also calculated by class count.
Reading the table
Amounts are in CAD. Official fees follow the CIPO tariff and are not set by MarcaWorld. Evidence of distinctiveness and opposition should not be assumed to be zero; Canadian examination produces these extra steps more often than other offices. We do not publish a verified package price.
A quote for your file
Once the class count and mark type are clear, we prepare a written quote showing the official fee, the agent fee and our service fee on separate lines.
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Canada, the US, the European Union and the Madrid route

The four routes most often compared when entering North American and Western markets. Click a column heading to open that page.

🇨🇦CanadaCIPO
🇺🇸United StatesUSPTO🇪🇺European UnionEUIPO🌍Madrid routeWIPO
Coverage
Canada
United States
27 EU member states
Selected member states
Class structure
Multi-class in one filing
Multi-class in one filing
Multi-class in one filing
Depends on target
Use requirement
None at filing
Declaration of use or intent
None at filing
Depends on target
Local representation
Registered Canadian agent
US attorney mandatory
Representation outside EEA
Basic application required
Distinctiveness
Strict examination
Standard examination
Standard examination
Per country
Term
10 years (since 2019)
10 years
10 years
Per country
Canada or the US?
They produce separate rights and neither protects in the other. If all of North America is the target, two filings are needed; the US asks for a declaration of use, Canada does not.
The use requirement
The US is one of the few systems that asks for a declaration of use or intent. Canada dropped that in 2019, and neither the EU nor the UK requires evidence of use at filing.
Madrid and Canada
Canada has been a Madrid Protocol member since 2019 and can be designated. If Canada is your only target, a direct national filing is usually more predictable.

Documents and information

The document set on a Canadian file is light; the real work sits in the distinctiveness assessment and the wording of the list.

✓Applicant detailsFor an individual, name and address; for a company, legal name, country of incorporation and entity type. The application is filed in the name of the true owner.
✓Agent appointmentA registered agent appointment for applicants based outside Canada. A simple written document is usually enough; notarisation and apostille are generally not required.
✓Representation of the markFor a word mark, the wording; for a logo, an image file at adequate resolution. Any colour claim is stated separately.
✓Goods and services listA list written to the level of specificity CIPO accepts. Broad wording triggers an examination report.
✓Evidence of use (if required)Not requested at filing; but if distinctiveness is questioned, sales data, advertising and market evidence are compiled.

From filing to registration

Timelines depend on CIPO’s current workload and how the file develops; no fixed period is given on this page.

  1. 1Assessment and strategyWe review the mark and target goods and services, then set the distinctiveness risk and the class plan.
  2. 2Search and list preparationIdentical and similar signs are assessed, the English and French meanings are checked, and the list is drafted to CIPO practice.
  3. 3FilingThe file is submitted through the CIPO system and an application number issues. An application number is not a registration certificate.
  4. 4ExaminationThe office reviews formal requirements, distinctiveness and earlier rights. Where a report issues, it must be answered in time.
  5. 5Publication and oppositionThe application is published in the Trademarks Journal; third parties may oppose within the period provided by law.
  6. 6RegistrationIf no opposition arrives, or it resolves in your favour, the certificate issues and protection runs for ten years.

After registration: use, watching and renewal

A Canadian registration is also a right that needs managing. The declaration went; the obligation to use did not.

After year 3

Non-use risk

Three years after registration, an unused mark becomes open to cancellation on a third party’s request. Evidence of use should be archived from the outset.

Ongoing

Watching

Monitoring similar applications is a separate service. CIPO does not automatically notify earlier rights holders.

Year 10

Renewal

Protection renews in ten-year periods and the renewal fee is calculated by class count. Missing the window puts the right at risk.

On change

Keeping the register current

Changes of name, address and ownership must be recorded. An out-of-date entry can mean missed correspondence.

Frequently asked questions

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