Brand Protection — Canada
How To Register a Trademark For Your Business in Canada
Use this practical, research-backed guide to run smart searches, file correctly, budget fees, and avoid delays — with an all-province breakdown and an interactive estimator.
Key Points
Online filing: $478.15 (first class) + $145.12 (each additional) for 2025. Scheduled to rise to $491.06 / $149.04 in 2026. Non-online first-class fees are higher. Renewals every 10 years.
CIPO signals roughly ~8–9 months to first examination for new filings (as of late 2025), though the formal service standard is longer. Clean goods/services speed things up.
Use the Canadian Trademarks Database for conflicts and the Goods & Services Manual for acceptable wording (Nice classes). Better searches = fewer objections.
Provincial name registration lets you operate locally; a federal trademark gives brand exclusivity across Canada for specific goods/services.
Fees & timelines (Canada)
Government fees (online vs. non-online)
| Action | 2025 (online) | 2026 (online) | Non-online (first class) |
|---|---|---|---|
| Application — first class | $478.15 | $491.06 | $623.27 (2025) / $640.10 (2026) |
| Each additional class (at filing) | $145.12 | $149.04 | $145.12 (2025) / $149.04 (2026) |
| Renewal — first class (10-year term) | $579.42 | $595.06 | — |
| Renewal — each additional class | $180.61 | $185.49 | — |
| Opposition filing | $1,085.76 | $1,115.08 | — |
Tip: Multi-class filings add up. If you plan to expand, compare one larger filing vs. staged filings tied to product launches.
How long does it take?
Reality check: Oppositions or complex goods/services can extend this timeline. Use pre-approved terms where possible and keep evidence handy.
Step-by-step: From search to registration
- Scope your brand & classes. List today’s and next-2-years offerings. Map to Nice classes (e.g., Class 25 apparel; Class 35 retail). Use CIPO’s Goods & Services Manual for acceptable wording.
- Run clearance searches. Search the Canadian Trademarks Database (words + designs). Also check business registries/NUANS and domains for practical conflicts.
- Draft precise goods/services. Vague terms trigger objections. Use pre-approved terms; add specifics (function, field, medium) where needed.
- File online with CIPO. Attach drawings (for logos), pay per-class fees, and keep your correspondence info current (you’ll get examiner letters here).
- Respond to examination. Answer on time; you can narrow goods/services or argue distinctiveness. Extensions are limited.
- Opposition (if any). After advertisement, third parties may oppose. Many files see no opposition; if contested, get counsel early.
- Register & maintain. On registration, calendar the 10-year renewal and consider a watch service to catch look-alikes.
Distinctiveness & refusal risks (checklist)
Is your mark strong?
- Fanciful/arbitrary (strongest): made-up words (“XEROX”), or unrelated to goods (“APPLE” for computers).
- Suggestive: hints at a feature (“NETFLIX”). Often registrable.
- Descriptive (weak): directly describes the goods (“CREAMY YOGURT”). Risk of refusal.
- Generic (unregistrable): the product name itself (“MILK” for milk).
Common refusal grounds
- Confusion with earlier marks (pending or registered).
- Clearly descriptive or deceptively misdescriptive of character/quality/place.
- Primarily merely a name/surname without acquired distinctiveness.
- Prohibited/official marks (e.g., public authorities, flags/emblems).
Pro tip: If you must keep a borderline name, consider filing a distinctive logo and building use evidence while planning for a stronger word mark later.
Trademark Cost Estimator
Filing year
Filing method
Number of classes
Use a trademark agent?
Add renewal projection?
Note: Government fees are per application. Opposition, office-action work, design drawings, and foreign filings are extra.
Province & territory tips (all 13)
Remember: Provincial/territorial name registration handles your legal operating name. It doesn’t grant trademark rights. Always clear and file federally for brand protection.
Ontario — NUANS & Ontario Business Registry
Many filings require a NUANS name search before you register. File via the Ontario Business Registry and source NUANS via approved providers.
- Ontario Business Registry: Portal
- NUANS (Gov of Canada): About NUANS
British Columbia — Name Request (standard vs priority)
Reserve your name through the Name Request system; priority service is available.
- BC name approval: How-to
Quebec — Registraire des entreprises (NEQ) & language rules
Register with the Registraire des entreprises. Quebec’s language-of-commerce rules affect signage/marketing; plan your brand assets accordingly.
- Registraire des entreprises: Start here
Alberta — Trade-name registration & NUANS
Register trade names via authorized registry agents; incorporations typically need NUANS.
- Alberta business names: Guide
Nova Scotia — Registry of Joint Stock Companies
Reserve and register names online via the RJSC portal.
- RJSC online: Access to Business
Manitoba — Companies Office (Name Reservation required)
Most registrations require a Name Reservation before filing. The registry also offers public searches.
- Companies Office: Homepage
- Name reservation & fees: Forms & fees
Saskatchewan — ISC Corporate Registry
Register and manage entities online; check name availability through ISC’s Corporate Registry.
- ISC Corporate Registry: Portal
New Brunswick — Corporate Affairs Registry
Newfoundland & Labrador — Companies and Deeds Online (CADO)
Search and file through CADO; check name availability and registry records.
- CADO portal: Overview · Company search
Prince Edward Island — Business/Corporate Registry
Yukon — Name reservation & business name filing
Reserve a name (YCOR or by form) and file a declaration of business name.
- Name reservation: How-to
- File business name: Declaration
Northwest Territories — Corporate Registries
Business names for proprietors/partnerships must be registered; corporations use the Corporate Registry under the Business Corporations Act.
- Overview: Business registrations
- Business names: Requirements
Nunavut — Legal Registries (forms & guidance)
Register business names through the Legal Registries Division; forms available online (mail/office submission).
- Business name declaration (PDF): Form & instructions
Going international with the Madrid System
Expanding abroad? The Madrid System lets you file centrally via WIPO and designate member countries. You’ll pay a basic fee (CHF) plus per-country fees. Canada participates as both Office of Origin and as a designated member.
| Fee type | Amount (CHF) | Notes |
|---|---|---|
| Basic fee (B/W) | 653 | Color marks: 903 CHF |
| Per-member fee | Varies | Complementary/supplementary or individual fees per country |
If Canada is your only target, file nationally. Use Madrid when you’ll designate multiple countries within 6–18 months of your Canadian filing.
DIY vs. trademark agent: Which route?
DIY works when…
- Your mark is distinctive; searches are clear.
- You can draft precise, acceptable goods/services.
- You’re comfortable replying to examiner’s reports.
Hire an agent when…
- High-stakes brand (fundraising, franchising, export) or multiple classes.
- Likely objections (descriptiveness/confusion) or possible opposition.
- Coordinating Madrid filings or future enforcement.
Budget: Many firms quote ~$1,200–$2,200 (gov’t fees extra) for a straightforward file; complex matters cost more.
FAQ
Do I need to use the mark before filing?
No. Canada allows filing based on use or proposed use; there’s no proof-of-use at filing or renewal. But marks not used for 3+ years can be vulnerable to non-use cancellation (s.45).
Word mark or logo?
Word marks protect the text regardless of styling; design marks protect a specific logo. Many owners file the word first, then the logo.
What do “classes” mean?
Canada uses the Nice Classification (45 classes). You pay per class. Choose carefully—misclassification delays or narrows rights.
Essential links: Canadian Trademarks Database · Goods & Services Manual · File online with CIPO
Sources
- CIPO — Trademarks hub (how-to, filing, renewals, processing-time updates). Overview & processing.
- CIPO — Fees (Trademarks) incl. online & non-online amounts; annual adjustments. Fee table.
- 2025 & 2026 fee amounts (summaries): Gilberts Law (2025); Fillmore Riley (2026).
- Processing-time commentary (exam ~9 months): Smart & Biggar; status report: WTR 2026.
- Search & classification: Canadian Trademarks Database; Goods & Services Manual.
- Provincial/territorial registries (name & entity): ON OBR; BC Name approval; QC Registraire; AB Business names; NS RJSC; MB Companies Office / Name reservation; SK ISC Corporate Registry; NB Corporate Registry; NL CADO; PEI Registry / Name rules; YT Name reserve / Business name; NT Business registrations / Business names; NU Declaration of business name.
