Registering Trademarks and Protecting IP in Canada: A Newcomer's Guide

If you are a newcomer to Canada starting a business, launching a product, or building a brand, protecting your intellectual property (IP) is one of the most important legal steps you can take. Intellectual property includes trademarks, patents, copyrights, and industrial designs — the intangible assets that give your business its competitive edge. This guide focuses on trademark registration in Canada but also covers the broader landscape of IP protection that newcomer entrepreneurs need to understand.

Canada's intellectual property system is administered by the Canadian Intellectual Property Office (CIPO), which is part of Innovation, Science and Economic Development Canada. The process for registering a trademark has become more straightforward since Canada's Trademarks Act was updated in 2019 to align with international standards, including the Madrid Protocol for international trademark registration.

What Is a Trademark?

A trademark is a sign or combination of signs used to distinguish the goods or services of one person or organization from those of others. In Canada, a trademark can be:

• A word or words — a brand name like "Tim Hortons" or "Shopify"
• A design or logo — a visual mark associated with your business
• A combination of words and design
• A sound — a distinctive audio mark
• A taste, texture, or scent — though these are rare and difficult to register
• The packaging or shape of goods — called "trade dress"
• A colour — a specific colour associated with your brand (rare)
• A hologram, moving image, or three-dimensional shape

You do not have to register a trademark to use it in Canada — you can acquire common-law trademark rights simply by using the mark in commerce. However, registration provides significant advantages, including a presumption of ownership across Canada, easier enforcement, and the right to use the registered trademark symbol (the circled R).

Why Register a Trademark?

Registration gives you exclusive rights to the trademark throughout Canada for 10 years (renewable). Specific benefits include:

• Nationwide protection — Without registration, your rights are limited to the geographic area where you actually use the mark
• Legal presumption of ownership — Registration is prima facie evidence of your ownership
• Easier enforcement — You can use federal court proceedings and border enforcement measures to stop infringers
• Deterrent effect — A registered trademark in the CIPO database deters others from adopting a similar mark
• Business asset — Registered trademarks can be licensed, franchised, or sold
• International protection — Registration in Canada can be used as a basis for international registration through the Madrid Protocol

How to Register a Trademark in Canada

Step 1: Search the Database

Before applying, search the Canadian Trademarks Database to check if your desired mark (or a similar one) is already registered or pending. You can search for free on the CIPO website. A thorough search should also include common-law marks (unregistered marks in use), which a trademark agent or lawyer can help you with.

Step 2: File Your Application

You can file a trademark application online through CIPO's website. The application must include:

• The applicant's name and address (this can be a person or a business)
• A representation of the trademark (the word, logo, or other mark)
• A list of the goods and/or services associated with the mark, classified according to the Nice Classification system
• The filing fee

Filing fees as of 2025-2026:

• $347.44 for online filing (for the first class of goods/services)
• $105.26 for each additional class of goods/services
• Paper applications cost more — $458.14 for the first class

Step 3: Examination

A CIPO examiner will review your application to ensure the mark meets all requirements. Current processing times can vary significantly — examination typically begins 24 to 30 months after filing (though CIPO has been working to reduce this backlog). The examiner may raise objections that you will need to address, such as the mark being too descriptive, too similar to an existing mark, or the goods/services description needing revision.

Step 4: Publication and Opposition

If the examiner approves your application, it is published in the Trademarks Journal for 2 months. During this period, anyone can oppose your trademark registration. If no opposition is filed (or if opposition is unsuccessful), the process continues.

Step 5: Registration

After the opposition period, you will receive a notice to pay the registration fee of $347.44 (online) for the first class of goods/services, plus $137.17 for each additional class. Once paid, your trademark is registered for 10 years from the date of registration.

Other Types of Intellectual Property Protection

Patents

A patent protects an invention — a new and useful process, machine, manufacture, or composition of matter. Patent protection lasts 20 years from the filing date. Filing a patent in Canada costs approximately $400 for a small entity (plus maintenance fees over the life of the patent). Patents are complex, and you should strongly consider hiring a registered patent agent.

Copyright

Copyright protects original literary, artistic, dramatic, and musical works. In Canada, copyright exists automatically as soon as you create an original work — you do not need to register it. However, registering your copyright with CIPO (for a fee of $50 online) provides prima facie evidence of ownership and can simplify enforcement. Copyright generally lasts for the life of the author plus 70 years (updated from 50 years following the 2022 amendment to the Copyright Act).

Industrial Designs

An industrial design registration protects the visual features of a product — its shape, pattern, or ornamental features. Registration costs $400 (small entity online filing) and lasts up to 15 years from registration. This is relevant for product designers and manufacturers.

IP Considerations for Newcomer Entrepreneurs

• Protect your brand early — File trademark applications as early as possible. In Canada, the first to file has priority (since the 2019 changes, you no longer need to have used the mark before filing).
• International protection — If you plan to do business outside Canada, consider international trademark registration through the Madrid Protocol. Your Canadian application or registration can serve as the basis for protection in over 120 countries.
• Trade secrets — Not all IP needs formal registration. Trade secrets (confidential business information like recipes, formulas, or customer lists) are protected by keeping them secret and using confidentiality agreements.
• IP from your home country — Intellectual property rights are territorial. A trademark registered in your home country does not automatically protect you in Canada. You need separate Canadian registration.
• Free resources — CIPO offers free webinars, guides, and tools at the CIPO website

Getting Professional Help

While you can file a trademark application yourself, the process can be complex, especially if objections are raised during examination. Consider hiring a registered trademark agent — only authorized agents and lawyers can represent you before CIPO. You can find a registered agent through the College of Patent Agents and Trademark Agents (CPATA) at cpata-cabamc.ca. Fees for a trademark agent typically range from $1,500 to $3,500 for a straightforward application, including government fees.

For newcomer entrepreneurs, several organizations offer free or subsidized IP advice, including the Innovation Asset Collective (IAC) and university-based IP clinics. Check our guide to Canadian contract law for related business law fundamentals, and use our chat tool for additional questions about starting a business in Canada.

Protecting your intellectual property is an investment in your business's future. By understanding and using Canada's IP system, you can build and protect the valuable intangible assets that will help your business succeed in the Canadian market and beyond.