- Quick Answer: Trademark vs Copyright in Canada
- Trademark vs Copyright: What’s the Difference?
- Understanding Trademarks
- How to Register a Trademark in Canada
- Understanding Copyright
- How to Register a Copyright in Canada
- What Does It Cost to Protect Your IP in Canada?
- Common Mistakes to Avoid
- Frequently Asked Questions
Trademark and copyright are the two forms of intellectual property that affect Canadian business owners most often, and they are constantly confused with each other. A trademark protects your brand name, logo, or slogan. Copyright protects original creative work like your website content, designs, or software. Both are federal rights administered by the Canadian Intellectual Property Office (CIPO), and Ontario has no separate provincial regime for either one.
This guide covers what each protection actually does, current CIPO fees and timelines for 2026, how to register both, and the mistakes that cost business owners their rights.
Trademark vs Copyright in Canada
- Trademark protects your brand identifiers (name, logo, slogan) and must be registered with CIPO to get the strongest legal protection.
- Copyright protects original creative works automatically the moment they’re created in fixed form, with no registration required, though registering it strengthens your position if you ever need to prove ownership.
- Trademark registration costs $491.06 online for the first class of goods or services, plus $149.04 for each additional class, and lasts 10 years, renewable indefinitely.
- Copyright registration costs $63 online and lasts for the life of the author plus 70 years.
- Incorporating a business does not give you trademark rights; your corporate name and your trademark are legally separate.
Trademark vs Copyright: What’s the Difference?
| Trademark | Copyright | |
|---|---|---|
| What it protects | Brand names, logos, slogans, and other signs that distinguish your goods or services | Original literary, artistic, dramatic, or musical works, including software |
| Registration required? | Not required for common law rights, but registration gives Canada-wide protection | Not required, protection exists automatically upon creation |
| Governed by | Trademarks Act | Copyright Act |
| Term of protection | 10 years, renewable indefinitely | Life of the author plus 70 years |
| Registering body | CIPO Trademarks Office | CIPO Copyright Office |
| Application fee (2026, online) | $491.06 for the first class, $149.04 per additional class | $63 |
Both are federal statutes, so registration for either one is the same whether your business is in Ontario, British Columbia, or anywhere else in Canada. Enforcement, meaning the lawsuits that arise when someone infringes your rights, can proceed in either the Federal Court of Canada or a provincial superior court, depending on the claim.
Understanding Trademarks
A trademark is a sign, or combination of signs, used to distinguish the goods or services of one business from those of another. This includes words, designs, sounds, colours, three-dimensional shapes, and even scents, provided they meet the legal requirements.
Registered vs Unregistered Trademarks
You don’t have to register a trademark to have some legal protection. Using a mark consistently in commerce can give you common law rights in the geographic area where you’ve built a reputation. But common law protection is limited and expensive to enforce if someone challenges it. A registered trademark gives you the exclusive right to use the mark across all of Canada for 10 years, renewable every 10 years after that, and the certificate of registration serves as direct evidence of ownership if a dispute arises.
What You Can’t Register
CIPO will refuse trademarks that are:
- Nothing more than a name or surname, unless it’s become well known enough to have acquired a distinct meaning
- Clearly descriptive of the goods or services (for example, “juicy” for apples)
- Deceptively misdescriptive
- The name of a geographic place of origin, or misleading about where the goods come from
- Confusingly similar to an existing registered or pending trademark
- Identical or similar to official government symbols, coats of arms, or the names of organizations like the Red Cross
Your Corporate Name Is Not a Trademark
This is one of the most common mistakes business owners make. Incorporating a business, whether through Ontario provincial incorporation or a federal corporation, gives you exclusive rights to use that corporate name for corporate purposes, but it does not give you trademark rights over that name used as a brand. If you incorporate “North Pole Inc.” and use “North Pole” to sell ice cream, you still need a separate trademark application to protect “North Pole” as a brand, and someone else could register it as a trademark even though your corporate name is already taken.
How to Register a Trademark in Canada
Search Before You File
Search the Canadian Trademarks Database to check whether your proposed mark conflicts with an existing registered or pending trademark. This isn’t mandatory, but skipping it risks a costly refusal later, or worse, a legal dispute after you’ve already built a brand around the name. A NUANS report can also help by comparing your proposed name against existing corporations and trademarks, though a full trademark search covers more ground than a NUANS search alone.
Prepare Your Application
A complete application needs the following:
- Your name and mailing address
- A representation or description of the trademark
- A statement of the goods and services associated with it, grouped according to the Nice Classification system
- The application fee
You must file a separate application for each trademark, though one application can cover multiple goods or services under that single mark.
File and Pay the Fee
| Filing Method | First Class | Each Additional Class |
|---|---|---|
| Online | $491.06 | $149.04 |
| Mail or other means | $640.10 | $149.04 |
Fees are non-refundable even if your application is later refused, abandoned, or successfully opposed, so a pre-filing search is worth the time.
Examination
CIPO examines your application to confirm it doesn’t conflict with an existing mark and complies with the Trademarks Act. If there’s an issue, you’ll receive an examiner’s report and a chance to respond. Current application backlogs mean total time to registration varies considerably and has stretched well beyond a year for many applicants; check CIPO’s published processing estimates for the most current outlook before you file.
Publication and Opposition
Once approved for advertisement, your application is published in the Trademarks Journal. Anyone can oppose it within two months of publication by filing a statement of opposition (currently $1,115.08). Opposition proceedings are adversarial and can take considerable time to resolve.
Registration
If no one opposes your application, or an opposition is decided in your favor, CIPO registers your trademark and issues a certificate of registration. Your protection lasts 10 years and can be renewed every 10 years after that for a fee ($595.06 online for the first class in 2026).
DIY vs. filing through a service: You can file directly with CIPO yourself using the application fee alone. Where a service adds value is in running a proper trademark search before you file (not just a NUANS search), correctly classifying your goods and services under the Nice system to avoid rejection, and handling any examiner’s report if one comes back. Corporation Ontario (Ontario Corporate Filing Center) offers a Canada Trademark Application service, a U.S.A. Trademark Application service if you’re expanding south, and Trademark Reports for a pre-filing search if you’d rather have that handled.
Understanding Copyright
Copyright is the sole right to produce, reproduce, publish, or perform an original literary, dramatic, musical, or artistic work, or a substantial part of it. This includes written content, photographs, designs, music, and computer software.
You Don’t Need to Register for Protection
Copyright exists automatically as soon as your work is created and fixed in some tangible form. You don’t need to register, publish, or mark it with a copyright symbol for the protection to apply. Registration is optional, but it creates a public record and a certificate that can help you prove ownership and the date of creation if you ever need to take legal action.
How Long Copyright Lasts
As of December 30, 2022, the general term of copyright protection in Canada is the life of the author plus 70 years (extended from the previous 50-year term to align with the United States, the European Union, and Canada’s other major trading partners). The extension applies to works that hadn’t already entered the public domain by that date; it isn’t retroactive for works whose protection had already expired.
How to Register a Copyright in Canada
Confirm the Work Is Eligible
Copyright applies to original literary, dramatic, musical, and artistic works, along with performers’ performances, sound recordings, and communication signals. Ideas themselves aren’t protected, only the specific expression of them.
Complete the Application
You’ll need to declare that you’re the author, the owner, an assignee, or someone granted a licensed interest in the copyright, along with basic details about the work itself.
Pay the Fee and Submit
| Filing Method | Fee |
|---|---|
| Online | $63 |
| Any other means | $81 |
Like trademark fees, this is non-refundable once your application is received.
Receive Your Certificate
Copyright applications are generally processed faster than trademark applications since there’s no examination against existing marks to conflict with, just a check that the application is complete.
Corporation Ontario offers a Copyright Registration service if you’d rather have your application prepared and filed for you.
What Does It Cost to Protect Your IP in Canada?
| Expense | Estimated Cost |
|---|---|
| Trademark application (online, first class) | $491.06 |
| Trademark application, each additional class | $149.04 |
| Trademark renewal (every 10 years, online, first class) | $595.06 |
| Copyright registration (online) | $63 |
| Legal or agent fees (optional, trademark) | $1,000–$2,500+ |
| Legal or agent fees (optional, copyright) | $200–$800 |
A single-class trademark application filed without an agent runs about $491 in government fees. A straightforward copyright registration costs $63. Add professional help for the trademark search, application, and any examiner’s report, and a realistic first-year total for trademark protection runs $1,500–$3,000; copyright registration stays inexpensive by comparison, usually a few hundred dollars all-in even with professional help.
Common Mistakes to Avoid
Assuming Your Corporate Name Is Protected as a Trademark
Incorporation and trademark registration are separate rights, and having one doesn’t give you the other.
Skipping the Pre-Filing Search
Trademark fees are non-refundable, so a rejected or opposed application still costs you the filing fee.
Believing You Need to Register Copyright for It to Exist
Copyright protection is automatic upon creation; registration only adds evidentiary weight.
Using Outdated Copyright Term Information
Many older resources still cite the pre-2022 term of life plus 50 years, which is no longer accurate for most works.
Not Marking Your Trademark Consistently Once Registered
Using the mark differently than described in your application (a different color, a different design element) can put your registration at risk.
Ignoring Use Requirements
A registered trademark can be challenged for non-use starting three years after registration if you haven’t actually used it in commerce.
Frequently Asked Questions
How much does it cost to register a trademark in Canada?
As of 2026, 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 much does it cost to register a copyright in Canada?
The online filing fee is $63. Filing by any other means costs $81.
Do I need to register copyright to be protected?
No. Copyright protection is automatic the moment your work is created in a fixed form. Registration is optional but provides a certificate and public record that can help prove ownership if a dispute arises.
How long does trademark protection last in Canada?
A registered trademark lasts 10 years from the date of registration and can be renewed every 10 years after that for a fee.
How long does copyright protection last in Canada?
As of December 30, 2022, the general term is the life of the author plus 70 years, up from the previous 50-year term.
Does incorporating my business protect my brand name as a trademark?
No. Incorporation gives you exclusive rights to your corporate name for corporate purposes only. Protecting a brand name, logo, or slogan as intellectual property requires a separate trademark application with CIPO.
How long does it take to register a trademark in Canada?
Processing times vary considerably due to CIPO’s current application backlog and can extend well beyond a year from filing to final registration. Check CIPO’s published processing estimates for the most current outlook before filing.
Ready to Protect Your Brand or Creative Work?
See Corporation Ontario’s Trademark Registration services for Canadian trademark applications, U.S.A. trademark applications, trademark search reports, and copyright registration.
Start Your Trademark Application