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Trademark Registration in Canada
An important part of starting a business in Canada is securing rights to a trademark. One of the key initial tasks before launching a new project is trademark registration, as it significantly increases your project’s brand recognition among competitors. Registration also protects your brand from unauthorized use by other companies and guarantees the owner’s exclusive right to use the trademark.
Why register a trademark in Canada?
Trademark registration in Canada is carried out through the Canadian Intellectual Property Office (CIPO) and provides a wide range of advantages for brand owners, including:
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Legal protection. Registering a trademark grants exclusive rights to its use. This means that the owner has the legal authority to prohibit third parties from using a similar designation likely to mislead consumers about the origin of goods or services.
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Exclusive ownership rights. A registered trademark legally confirms your ownership of the brand. Without official registration, your rights to a trademark are limited and difficult to prove in court.
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Prevention of rights infringement. Owners of a registered trademark may file lawsuits against infringers using similar marks. For example, if someone attempts to sell products under your brand or copies your unique packaging design, registration enables effective protection of your intellectual property.
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Stronger market position. Having a registered trademark enhances consumer trust and increases your product’s or service’s competitiveness. Consumers associate officially protected brands with quality and reliability, positively impacting your company’s reputation.
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Opportunity for international market expansion. Canadian registration facilitates entry into foreign markets by enabling an international application through WIPO.
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Limiting competition. Registration prevents the emergence of similar competitor brands, reducing the risk of customer and revenue loss due to confusingly similar trademarks.
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Sale and transfer of rights. The owner of a registered trademark may freely dispose of their rights-by selling, assigning, or licensing the trademark to third parties-opening new opportunities for business development and monetization of intellectual property.
Who needs trademark registration in Canada?
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Companies entering the North American market - Brand protection in Canada is critical before launching sales, as local laws recognize first use priority rather than first-to-file.
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IT startups and SaaS companies - Canada’s technology market is rapidly growing, and local courts actively protect digital brands from cybersquatting.
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Franchise and chain businesses - Canadian law requires trademark registration for franchise agreements; otherwise, it is impossible to recover damages from unscrupulous partners.
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Manufacturers of eco-friendly products - «Green» brands are particularly valued in Canada, and registering a trademark with elements highlighting environmental qualities provides additional marketing advantages.
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Film studios and media companies – Film titles, TV shows, and character names can be registered as trademarks, which is important when localizing content for French- and English-speaking audiences.
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Pharmaceutical companies – In Canada, it is possible to register «trade names» of drugs separately from patents, helping extend brand monopoly after the patent expires.
Trademark registration process in Canada
Once you have carefully developed your trademark and conducted a comprehensive search for potential conflicts with already registered marks, you can proceed to registration.
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Preliminary searchBefore filing, conduct a thorough search in CIPO’s databases to ensure no conflicts exist with registered or pending trademarks.
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Application submission to CIPOThe applicant must provide personal information, a trademark description, and a list of goods and services per the Nice Classification. Each trademark must be filed separately.
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Formal examinationCIPO reviews the application for compliance with administrative requirements. If deficiencies are found, a request for correction is sent. If compliant, a filing date is assigned, marking the start of the official registration process.
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Substantive examination.CIPO examines the trademark for similarity with existing marks (likelihood of confusion) and compliance with Canadian law (e.g., prohibiting descriptive, misleading, or offensive marks).
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Publication in the Trademarks Journal.If no objections are raised, the mark is published in CIPO’s official journal, initiating a 30-day opposition period for third parties.
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Registration and issuance of a certificateIf no oppositions are filed, CIPO enters the trademark into the Register and issues a Certificate of Registration, granting exclusive rights for 10 years, with the possibility of renewal.
Our trademark registration services in Canada
Law&Trust offers a full range of trademark registration services in Canada. We conduct preliminary uniqueness checks, prepare, and file applications with CIPO. Our services include correspondence with the office, responses to objections, and representation in disputes.
We assist with accurate classification of goods/services, filing applications for non-traditional marks (sounds, scents), and guiding the process until certificate issuance. We also advise on international registration through the Madrid System and brand protection against infringement.
