Trademarks in Canada

Competent Authority

• Office Name: Canadian Intellectual Property Office (CIPO) / Office de la propriété intellectuelle du Canada (OPIC).
• Working Languages: English and French.
• System Type: National system (Canada also acts as a Contracting Party to the international Madrid System).

International Treaties

• Paris Convention: Member. Priority can be claimed within 6 months from the first foreign filing.
• Madrid Protocol: Member. Foreign applicants can designate Canada in an International Registration (IR) under the Madrid Protocol, and Canadian applicants can use CIPO as an Office of Origin.

Applicant Eligibility & Representation

• Eligible Applicants: Natural persons and legal entities (corporations, partnerships, associations).
• Local Representation / Agent Requirements:
• Applicants who do not reside in Canada or do not have a real and effective commercial establishment in Canada must appoint a registered Canadian Trademark Agent or provide a Canadian Address for Service.
• Power of Attorney (POA): A formal notarized or apostilled Power of Attorney is generally not required for standard trademark filings at CIPO. Appointment of an agent can be submitted electronically or in writing.

Online Application & Search Database

• Electronic Filing: Available via the CIPO E-Filing portal.
• Public Search Database: CIPO maintains a free, public electronic database called the Canadian Trademarks Database.

Registrable Mark Types

• Standard & Non-Traditional Marks: Word marks, design/figurative marks, colors per se, 3D shapes (three-dimensional shapes), sound marks, motion/movement marks, holograms, position marks, and scent marks.
• Translation & Transliteration: If a trademark contains non-English or non-French words, or characters from a non-Latin script, CIPO requires a translation and/or transliteration into English or French.

Classification System

• Classification Standard: Nice Classification system.
• Multi-Class Applications: Supported.
• Class Headings: CIPO requires goods and services to be specified in clear commercial terms; generic broad class headings are often objected to if they lack specificity. CIPO provides a Goods and Services Manual containing pre-approved terms.
• Class Fees: Per-class fee structure applies.

Examination

• Absolute Grounds: CIPO examines for registrability, distinctiveness, descriptiveness, and deceptiveness.
• Relative Grounds (Prior Rights): CIPO conducts an ex officio examination for confusingly similar prior registered marks or pending applications.
• Office Actions: Applicants are given an initial response deadline (typically 6 months) to address Examiner's Reports.

Publication & Opposition

• Publication: Approved marks are published in the weekly online Trademarks Journal (Journal des marques de commerce).
• Opposition Period: 2 months from the date of publication in the Trademarks Journal.
• Eligible Opponents: Any interested third party.
• Procedure & Fees: Administered by the Trademarks Opposition Board (TMOB). Official opposition fee applies.

Timeframe & Acceleration

• Average Timeframe: A standard, un-opposed trademark application historically takes 24 to 36+ months from filing to registration due to CIPO backlog. (Using CIPO pre-approved terms shortens the wait time to initial examination).
• Expedited Examination: Available upon request accompanied by an affidavit or statutory declaration showing exceptional circumstances (e.g., active or threatened litigation, enforcement actions, or foreign priority deadlines). There is no additional official CIPO fee for requesting expedited trademark examination.

Official Fees

(Official fees payable to CIPO in Canadian Dollars - CAD; figures current as of 2026)

• Application Fee (E-Filing): CAD $491.06 for the first class.
• Additional Class Fee (E-Filing): CAD $149.04 per additional class.
• Registration / Grant Fee: CAD $0.00 (For applications filed after June 17, 2019, separate grant fees were abolished).
• Renewal Fee (E-Filing): CAD $595.06 for the first class + CAD $185.49 for each additional class.
• Statement of Opposition Fee: CAD $1,115.08.
• Request for Notice of Non-Use (Section 45 Summary Cancellation): CAD $595.06.
• Transfer / Assignment Recording Fee: CAD $125.00 per registration or application.

Source: Canadian Intellectual Property Office Fee Schedule (Fees for trademarks - CIPO).

Term of Protection & Renewal

• Protection Period: 10 years calculated from the registration date.
• Renewal Grace Period: Renewal can be made within 6 months following the expiry date, subject to late response requirements/penalties as prescribed by the Trademarks Regulations.

Use Requirements & First-to-File vs. First-to-Use

• First-to-Use vs. First-to-File: Canada operates a hybrid system. While registration grants statutory exclusivity, common law rights in Canada prioritize the first user in the market.
• Declaration of Use: Not required prior to registration (abolished in June 2019 amendments).
• Non-Use Cancellation: Under Section 45 of the Trademarks Act, any third party can initiate summary non-use proceedings against a registration that has been on the register for at least 3 years. If the owner cannot prove commercial use in Canada during the preceding 3-year period (or show special circumstances excusing non-use), the mark will be expunged.

Post-Registration Transactions

• Assignments & Transfers: Assignments must be recorded with CIPO to be enforceable against third parties. Fee: CAD $125 per mark.
• Licensing: Recording of trademark license agreements is optional but recommended to ensure the user's benefit accrues to the owner under Section 50 of the Trademarks Act.
• Name / Address Changes: Must be updated on the CIPO register to maintain accurate records.

Enforcement & Legal Remedies

• Tribunals & Courts:
• Trademarks Opposition Board (TMOB): Handles oppositions and Section 45 summary non-use expungement administrative proceedings.
• Federal Court of Canada / Provincial Superior Courts: Jurisdiction over trademark infringement, passing off actions, complex invalidity lawsuits, and appeals from TMOB decisions.
• Well-Known Marks: Protected under unfair competition provisions and Section 6 likelihood of confusion standards under the Trademarks Act.
• Customs Protection: Brand owners can record registered trademarks with the Canada Border Services Agency (CBSA) under the Combating Counterfeit Products Act to intercept counterfeit imports.

Country-Specific Risks & Practical Notes

• Language Requirements in Quebec: Quebec's Charter of the French Language (Bill 96) enforces strict rules regarding French translations on public signage, commercial advertising, and product packaging, with specific narrow exemptions for registered trademarks.
• Examination Backlogs: Standard CIPO examination queues are historically long. Utilizing pre-approved terms from CIPO's Goods and Services Manual helps prevent unnecessary clarity objections and speeds up handling.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.