Trademark Registration in Canada: How to Register Your Brand Step by Step

Trademark registration in Canada gives you the exclusive right to use your brand name, logo or slogan across the country for the goods and services you list. This guide explains how to check whether a name is already taken, the steps to register a trademark with the Canadian Intellectual Property Office (CIPO), how long protection lasts, and the French-language rules that apply to trademarks in Quebec.

What a trademark protects, and why a business name isn't one

A trademark is a sign that tells customers your goods or services come from you and not from a competitor. It can be a word, a logo, a slogan, a design or a combination of these.

Registering your business name with the Registraire des entreprises in Quebec, or incorporating a company, does not give you trademark rights. A business name identifies a company; a trademark identifies a brand. Many disputes start when an owner assumes the first protects the second.

You can build some rights simply by using a brand, but those rights are limited to where you are known and are harder to prove. A registered trademark is valid across Canada, is listed publicly, and is much easier to enforce.

How to check if a name is already trademarked

Before you spend anything on logos or signage, search the Canadian Trademarks Database. It lists registered trademarks and pending applications, and it is free to use.

• Search the exact name, then spelling variants, translations and names that sound the same.
• Look at the goods and services listed: a similar mark in an unrelated field may not block you, while one in your field likely will.
• Check business names in use as well. CIPO points out that trade names are often used as trademarks, even when they are not registered.

A database search shows you obvious conflicts. It does not tell you whether an examiner or a competitor will consider your mark confusing, which is the question that decides most refusals and oppositions.

How to register a trademark in Canada, step by step

You file the application with CIPO, the federal office, so the process is the same in every province. Here is how it unfolds.

1. Search and prepare. Confirm the mark is available and decide exactly what you are protecting: the word, the logo, or both.
2. List your goods and services. Describe them in specific, ordinary commercial terms and group them by Nice class. CIPO's Goods and Services Manual lists wording it already accepts.
3. File online with CIPO. The application includes your name and address, the trademark itself and your list of goods and services.
4. Examination. An examiner checks the application against the Trademarks Act and existing marks, and may send an objection you need to answer.
5. Advertisement and opposition. Once approved, the application is published in the Trademarks Journal, and anyone can oppose it during a set period. An opposition works much like a court case.
6. Registration. If no one opposes, or the opposition is decided in your favour, CIPO registers the mark and issues a certificate.

Canadian registration protects you in Canada only. If you sell abroad, a lawyer can tell you whether to file in other countries as well.

How much does it cost and how long does it take?

CIPO charges a government fee that depends mainly on how many classes of goods and services you include. The current amounts are on CIPO's trademark fees page, and they are reviewed each year.

Timing varies widely. A clean application still takes a long time to reach registration, and an examiner's objection or an opposition can add months or years. Professional fees for a search opinion, the filing and any responses come on top of the government fee.

How long does a trademark last in Canada, and how do you keep it?

A registration lasts 10 years from the date it is registered and can be renewed every 10 years for as long as you keep paying the renewal fee, under section 46 of the Trademarks Act.

Use matters too. Once a mark has been registered for three years, anyone can ask CIPO to make the owner show that the mark was used in Canada during the previous three years. A mark you no longer use can be removed from the register, so keep records of how and where you use it.

Trademarks in Quebec: the French-language rules

Quebec's Charter of the French Language, amended by Bill 96, tightened the rules for trademarks on June 1, 2025.

• On products and packaging, a trademark in another language can stay untranslated only if it is registered and no French version of it is on the register. Generic or descriptive words in the trademark must appear in French on the product.
• On signs visible from outside, when a trademark in another language is displayed, French must be markedly predominant. The regulation sets this as at least twice the space given to the other language.
• Products made before June 1, 2025 that do not meet the new rules can be sold until June 1, 2027, under conditions.

For a business in Quebec, this makes registration more than a branding decision: an unregistered English trademark may now have to be translated on your products. A lawyer can review your labels and signs before a complaint forces the change.

When to get a trademark lawyer

You can file an application yourself, but the costly mistakes happen before and after filing. A trademark lawyer can help you:

• Judge whether your mark is likely to be found confusing with an existing one before you invest in it.
• Draft the goods and services list so it protects what you actually sell.
• Answer an examiner's objection or defend an opposition.
• Stop someone who copies your brand, often starting with a formal demand letter.
• License, sell or transfer a trademark, including between business partners, which a shareholder agreement should address.
• Bring products and signs in line with Quebec's French-language rules.

You can compare trademark registration lawyers on JustiConnect, read about brand protection lawyers who handle infringement, or browse trademark lawyers and book a consultation.

Frequently asked questions

What are the Canadian trademark fees for 2026?

CIPO publishes its current filing and renewal fees on its trademark fees page. The main factor is the number of classes of goods and services in your application. Professional fees are separate.

How do I check if a name is trademarked in Canada?

Search the free Canadian Trademarks Database by name, then try variants and translations. Also check business names in use, since an unregistered name can still create a conflict.

How long does a trademark last in Canada?

10 years from the registration date, renewable every 10 years. There is no limit on the number of renewals as long as the fee is paid and the mark stays in use.

What are the trademark use requirements in Canada?

You can register a mark before you start using it. Once it has been registered for three years, though, you may be asked to prove it was used in Canada during the previous three years, or risk losing the registration.

Does a Quebec business name protect my brand?

No. Registering a business name or incorporating does not create trademark rights. Only a trademark registration gives you exclusive rights across Canada for your goods and services.