How do I register a trademark in Canada?

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Written by For Founders Law, a Toronto firm licensed by the Law Society of Ontario. About us

Short answer

Search for conflicting marks first, then file an application with the Canadian Intellectual Property Office (CIPO) listing the specific goods and services and their classes. An examiner reviews it, it's advertised in the Trademarks Journal for two months so others can oppose, and if nothing stops it, it registers. CIPO's online filing fee in 2026 is $491.06 for the first class and $149.04 for each additional class, and its forecast wait for examination is about 8 months for applications filed in October 2026.

A registered trademark gives the owner the exclusive right to use it across Canada for the goods and services in the registration, under section 19 of the Trademarks Act. Incorporating a company or registering a business name doesn’t give you that right.

What are the steps?

StepWhat happensTiming
1. SearchCheck the Canadian Trademarks Database and the market for similar marksBefore you commit to the name
2. FileApply online with CIPO, listing goods and services by classFiling acknowledgement within about seven business days online
3. ExaminationAn examiner checks registrability and conflicts; you may get an examiner’s reportCIPO forecasts about 8.2 months to examination for applications filed in October 2026; six months to respond to a report
4. AdvertisementApproved applications are published in the Trademarks JournalAbout two weeks after approval
5. OppositionAnyone can oppose within two months of advertisement. See trademark oppositionAn opposition can take years
6. RegistrationCIPO registers the mark; for applications filed after June 17, 2019, there’s no separate registration feeAfter the opposition period

Timelines come from CIPO’s processing page and its trademarks page, and they change. If there’s an examiner’s report, the whole process commonly takes well over a year.

What are the government fees?

CIPO’s fees page lists, for 2026, an online filing fee of $491.06 for the first class and $149.04 for each additional class. A registration lasts 10 years and can be renewed; online renewal in 2026 is $595.06 for the first class and $185.49 for each additional class. CIPO adjusts fees each January, and it has announced a 1.7% increase for 2027, so check the page before filing.

What makes a name hard to register?

Under section 12, common problems include names that clearly describe the product, names that are primarily a person’s name or surname, and names confusing with an existing mark. Distinctive, invented or suggestive names register more easily. See trademarking your app or SaaS name and naming your startup after yourself.

Who should own the trademark?

The company, not a founder personally, so it stays with the business when you raise or sell. If a founder already filed personally, assign it to the company in writing and record the change with CIPO.

Do I need protection outside Canada?

A Canadian registration only covers Canada. The Madrid Protocol lets you extend a Canadian application to other member countries. US filing is often next for software companies.

What to do next

Our trademark search and filing service covers a clearance search and a Canadian application for one class, at a fixed fee on our fees page; government fees are extra.

This guide is general information about Canadian law, not legal advice for your situation. To check a name before you commit to it, book a free 15-minute consult.

Sources

  1. Trademarks Act, R.S.C. 1985, c. T-13, s. 19 (rights conferred by registration)
  2. Trademarks Act, s. 12 (when a trademark is registrable)
  3. Trademarks Act, s. 46 (renewal)
  4. CIPO: Fees for trademarks
  5. CIPO: How your trademark application is processed
  6. CIPO: Trademarks (forecasted examination wait time)
  7. CIPO: Canadian Trademarks Database