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Registering a trademark with the CIPO (Canadian Intellectual Property Office) takes about 18–24 months if there are no oppositions or errors in the application. Complex cases may take up to 36 months.
The deadline for filing an opposition is 2 months from the publication of the application in the CIPO’s Trademarks Journal.
In Canada, you can register word marks, figurative marks, combined marks, sound marks, three-dimensional marks, holograms, and motion marks, provided they are distinctive. Color marks and scent marks may also be registered in specific cases.
The certificate is valid for 10 years from the registration date and can be renewed indefinitely every 10 years.
The owner has the exclusive right to use the mark commercially in Canada, prohibit others from using similar marks, and transfer or license the trademark rights.
The filing fee is approximately $450–550 for the first class of goods/services, plus about $150 for each additional class. Additional costs may include legal services.
No, use is not mandatory, but non-use for 3 consecutive years after registration may lead to cancellation upon third-party request.
If the trademark is not renewed within 10 years from the registration date, the registration is canceled. Reinstatement is possible within 6 months after the deadline by paying an additional fee.
Online trademark registration in Canada
Canada is one of the countries that have joined the Madrid System for the Trademark Registration. You can get protection for your trademark here by national registration or by applying for international registration under the Madrid Protocol. If we talk about national registration, the application is filed with the country's patent office – The Canadian Intellectual Property Office. The trademark types in Canada are slightly different from other countries. The national procedure has a number of features, which we will discuss below.
How do you register a trademark logo in Canada? As a trademark, you can register not just the usual verbal or graphic signs in Canada. An ordinary trademark includes words, designs, mode of packaging, moving images, tastes, textures, three-dimensional shapes, holograms, colours, sounds, scents, or a combination of them. You can get protection for these types of trademarks:
The first type is an Ordinary mark. This type is the most habitual and common. It implies the ability to register a trademark consisting of letters, images, as well as their combination.
The second type is a Certification mark. This type implies the registration of the production method and quality relative to a particular product. This type of registration is used in order to show to the consumers the conformity of the produced or sold goods to certain standards.
The third one is Distinguishing guise. The appearance of the products can be protected as such a trademark. For example, packaging or product form.
If you do not know which type of trademark is suitable for your product or service, contact our experts.
There are some restrictions in the country concerning that what you can register. First of all, these are trademarks that are similar to the extent of confusion with those already registered. Descriptive signs and signs that may mislead people are also unavailable for registration. To obtain protection of the name and/or surname, it will be necessary to prove to the examination that the goods or services have acquired distinctive ability under these designations. And the name itself or surname has acquired additional meaning for consumers.
Various state emblems - official government designs, coats of arms, flags and insignia of the Armed Forces, emblems and names of the Red Cross, the Red Crescent, and the United Nations, armorial bearings (coats of arms), flags and symbols of other countries are generally unregistrable.
You cannot register a trademark that indicates the geographical origin of a wine, spirit, or agricultural product or food unless your goods are from that geographical area. You can`t register a trademark that describes the geographical location where the goods or services come from. Besides, you may not register a word that misleads people into thinking that the goods or services come from a certain place when they do not.
You may not register trademarks that are the name, in any language, of the goods or services associated with your trademark. For example, you cannot register the word " poulet" (“chicken” in French) in association with chicken fillet.
Another feature concerns owners. Only one individual can claim designation rights. If there is a need to share ownership between several people, then they will certainly have to create a joint venture. Registration will be made at this enterprise.
It would be useful to make a search of existing trademarks to check whether your trademark could be confusing with someone else's. You do not have to do it, but it will help you know whether similar trademarks exist. You can check it through the Canadian Trademarks Database. It covers trademarks (active and inactive), official and prohibited marks. As soon as the Registrar receives your application, it too becomes part of the public record. To do a proper search, you will have to check for different possible versions of the trademark that you want to register. For a standard character trademark (word or words), you should look for all possible spellings, including in French.
You have to file a separate application for each trademark that you want to register. However, one application can cover a number of goods or services for a given trademark.
The standard procedure without objections from third parties takes about 24 months. And this in case of the correct execution of all documents. The benefit of filing an application through Profitmark international patent agency lies precisely in the competence of our experts. All documents will be drawn up correctly, which will reduce the registration term of your trademark.
Trademark registration fee in Canada for the first class of goods or services: $CDN 336.60. For each additional class: $CDN 102.00
To maintain your registration, you will have to pay a renewal fee every 10 years.
How much does it cost to renew a trademark in Canada?
For the first class of goods or services to which the request for renewal relates: $CDN 408.00
Profitmark International Patent Office experts are competent in the field of trademark registration and will help to register a trademark in Canada. We will help you to choose the type of trademark, to find the grounds for its registration and to file the correct documents. Just fill out the online form to start the procedure.
| Profitmark International Patent Bureau specializes in the registration of intellectual property and has official representatives in 120 countries. Using our service to register a trademark in Canada you receive: | |
| 1. | Consulting support. |
| 2. | Professional trademark verification in Canada. |
| 3. | Preparation of a package of documents for obtaining registration. |
| 4. | The official filing of the Application for registration with The Canadian Intellectual Property Office. |
| 5. | Accompanying your application with an accredited attorney. |
| 6. | If necessary: filing petitions or other additional documents and applications in the process of registering a trademark. |
| 7. | Obtaining a Certificate for a trademark. |
| 8. | We have a specially developed software that allows us to accept the applications and process them in automatic mode. In countries where online patent filing is available, we use exactly this option. This allows assigning quickly priority to the applicant. |
| 9. | The user gets access to the personal account on our site, which will display complete information about the paperwork. You will be aware of any changes in the pendency of application status by sending a notification letter via the email. |
Registering a trademark in Canada with the Canadian Intellectual Property Office (CIPO) gives you an exclusive right to use of this mark for a period of 10 years, renewable indefinitely.
Flowchart of Normal Registration Process
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Stage 1 |
Application |
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Stage 2 |
Allocation of number and acknowledgement |
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Stage 3 |
Completion of Application |
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Stage 4 |
Examination |
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Stage 5 |
Acceptance of application |
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Stage 6 |
Payment for publication |
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Stage 7 |
Publication of trademark in government gazette |
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Stage 8 |
3 months to object |
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Stage 9 |
Calling for registration fee (if no objections within 3 months) |
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Stage 10 |
Payment and completion of fee |
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Stage 11 |
Registration of trademark |
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Stage 12 |
maintenance of trademark |
The US Trademark Office sets dates for submitting the correct renewal documentation. Make sure you follow these guidelines:
If you decide to register a trademark in Canada - just file an online application!