- Quick Answer: How to Register a Trademark in Canada
- Step 1: Search Before You File
- Step 2: Prepare Your Application
- Step 3: File and Pay
- Step 4: Examination
- Step 5: Publication and Opposition
- Step 6: Registration
- Step 7: Renew Every 10 Years
- Non-Use: What Can Put a Registration at Risk After It’s Granted
- Common Mistakes to Avoid
- Frequently Asked Questions
Registering a trademark in Canada means filing with the Canadian Intellectual Property Office (CIPO), responding to any objections an examiner raises within a strict deadline, surviving a public opposition window, and then maintaining the registration every 10 years. This guide goes step by step through the process, including what happens if CIPO raises an issue with your application and exactly how much time you have to respond.
How to Register a Trademark in Canada
- Search the Canadian Trademarks Database to check for conflicts before you file.
- Prepare your application: the mark, a description of goods and services classified under the Nice Classification system, and your contact information.
- File online ($491.06 for the first class, $149.04 per additional class) or by mail or other means ($640.10 for the first class).
- Respond to any examiner’s report within 6 months; extensions are no longer granted automatically.
- If approved, your application is published in the Trademarks Journal for a 2-month opposition window.
- If unopposed, or if an opposition is resolved in your favour, CIPO registers your trademark for a 10-year term.
- Renew every 10 years to keep the registration active.
Step 1: Search Before You File
Search the Canadian Trademarks Database to check whether your proposed mark conflicts with an existing registered or pending trademark. This step isn’t mandatory, but application fees are non-refundable even if your application is later refused or opposed, so a conflict you could have caught beforehand is an expensive way to find out. A Trademark Report from a professional service can cover more ground than a basic database search alone.
Step 2: Prepare Your Application
A complete application needs:
- Your name and mailing address
- A representation or description of the trademark
- A statement of the goods and services associated with it, classified under the Nice Classification system
- The application fee
Each trademark needs its own separate application, though a single application can cover multiple goods or services under that one mark, as long as they’re properly classified.
Step 3: File and Pay
| Filing Method | First Class | Each Additional Class |
|---|---|---|
| Online | $491.06 | $149.04 |
| Mail or other means | $640.10 | $149.04 |
These fees are non-refundable regardless of the outcome, whether your application is refused, abandoned, or successfully opposed by someone else.
Step 4: Examination
CIPO examines your application against the Trademarks Act, checking both formalities (like whether your goods and services are described in acceptable terms) and substantive issues (like whether your mark conflicts with an existing registration or lacks distinctiveness). If there’s a problem, you’ll receive an examiner’s report.
Responding to an Examiner’s Report
This is where a lot of applications run into trouble, and it’s worth understanding the deadline mechanics clearly:
You Have 6 Months to Respond
You have 6 months from the date of the examiner’s report to respond. This is the default period set by CIPO.
Extensions Are No Longer Granted Automatically
Since a CIPO practice notice took effect in January 2020, applicants must demonstrate exceptional circumstances to get more time, such as a recent change in trademark agent, illness or other serious unforeseen circumstances, or that you’re compiling evidence of acquired distinctiveness. Routine formality issues (translation, classification, or wording of goods and services) generally don’t qualify for an extension.
Missing the Deadline Isn’t Immediately Fatal
If you don’t respond in time, CIPO issues a default notice giving you an additional 2 months to respond. If nothing is filed during that window, the application is deemed abandoned, and you lose your filing date, with no refund of fees already paid.
Review Takes Time After You Respond
Once you’ve submitted your response, it generally takes CIPO several months to review it before either approving the mark to move forward or issuing a further report.
There’s no additional government fee just to submit a standard written response to an examiner’s report; the cost is in the time and, if you use one, the agent or lawyer fee for preparing it. Requesting an extension of time, where one is available, does carry its own separate fee.
Step 5: Publication and Opposition
If your application clears examination, it’s published in the Trademarks Journal. Anyone can oppose it within 2 months of publication by filing a statement of opposition (currently $1,115.08). Opposition proceedings are adversarial, and resolving one can take considerable additional time.
Step 6: Registration
If no one opposes your application, or an opposition resolves in your favour, CIPO registers the trademark and issues a certificate. Registration lasts 10 years from the date of registration.
DIY vs. filing through a service: You can file directly with CIPO yourself using the application fee alone. Where a service or agent tends to earn their fee is in the examiner’s report stage specifically, drafting a response that actually addresses the examiner’s objections point by point within the 6-month window, since a rejected or poorly argued response can mean losing the application and the fees already paid. Corporation Ontario (Ontario Corporate Filing Center) offers a Canada Trademark Application service and Trademark Reports for a pre-filing search, if you’d rather have that handled.
Step 7: Renew Every 10 Years
Your registration lasts 10 years and must be renewed to stay active. The online renewal fee is $595.06 for the first class, with additional classes priced separately.
Non-Use: What Can Put a Registration at Risk After It’s Granted
Once registered, a trademark can be challenged for non-use starting three years after the registration date under section 45 of the Trademarks Act. If you’re not actually using the mark in commerce and someone requests evidence of use, the registration can be expunged for the goods or services you can’t show you’re using.
Common Mistakes to Avoid
Skipping the Pre-Filing Search
Fees are non-refundable, so a rejected or opposed application still costs you what you already paid. A Trademark Report before you file can catch conflicts early.
Assuming You’ll Get an Automatic Extension on an Examiner’s Report
Since January 2020, extensions require demonstrating exceptional circumstances; routine formality fixes generally don’t qualify.
Missing the 6-Month Response Deadline Without Requesting an Extension
You get a further 2-month grace period after a default notice, but after that the application is deemed abandoned.
Not Responding Point by Point to Every Objection in the Examiner’s Report
A partial or vague response is more likely to result in a further report or refusal.
Assuming Registration Alone Protects You From a Non-Use Challenge
A registered mark can be challenged for non-use starting three years after registration if you’re not actually using it.
Frequently Asked Questions
How much does it cost to register a trademark in Canada?
The online application fee is $491.06 for the first class of goods or services, plus $149.04 for each additional class. Filing by mail or other non-online means costs $640.10 for the first class.
How long do I have to respond to a CIPO examiner’s report?
Six months from the date of the report. Extensions are no longer granted automatically as of a CIPO practice notice from January 2020; you generally need to show exceptional circumstances to get more time.
What happens if I miss the deadline to respond to an examiner’s report?
CIPO issues a default notice giving you an additional 2 months to respond. If nothing is filed during that period, the application is deemed abandoned, and the filing date is lost.
How long does trademark registration last in Canada?
10 years from the date of registration, renewable every 10 years after that.
Can someone oppose my trademark application?
Yes. Once your application is published in the Trademarks Journal, anyone can file a statement of opposition within 2 months of publication.
Can my trademark be cancelled after it’s registered?
Yes, for non-use. Starting three years after registration, a registered mark can be challenged if you’re not actually using it in commerce for the goods or services covered.
Ready to Protect Your Brand?
See Corporation Ontario’s Canada Trademark Application service for current pricing, or explore Trademark Reports for a pre-filing search.
Start Your Trademark Application