The registration process of a trademark in Canada is in some ways extraordinary when compared to the registration practices in other countries.
The most important characteristics of the Canadian trademark registration process are summarized below.
1. No Madrid Protocol
Canada belongs to only a handful of industrialized countries in the world, which have neither joined the Madrid Agreement (Agreement) nor the Protocol of the Madrid Agreement (Madrid Protocol), as discussed elsewhere.
However, since Canada has signed the Paris Convention (PC), the priority of a foreign trademark application can be validly claimed in a Canadian trademark application. Moreover, the applicant can claim the priority of the trademark application in Canada in a foreign trademark filing. A prerequisite of the validity of the priority claim is that the signs and the goods and services of the first and subsequent trademark applications are essentially identical.
2. Obligation to Use the Trademark
Before a trademark can be registered in Canada, the applicant of the trademark must generally use the trademark in Canada. The application may be filed on the basis of a proposed use in Canada or, if the trademark is already used in a foreign country (use abroad) on the basis of a registered trademark in the country of origin of the applicant. Furthermore, a trademark application may be filed for a mark, which is not yet used in Canada, but has nevertheless become known to the public in Canada.
3. No Classification of Goods and Services
In Canada, the goods and services claimed are not classified according to Nice classification. The trademark application must only provide a list of goods (Canadian engl. “wares“) and services for which protection is sought. No class fee is charged at the CIPO. However, it should be made sure that the claimed goods and services are used in Canada or that the use of the trademark for the goods and services is at least intended by the applicant (see item 2).
4. Declaration of Use
If the trademark application in Canada is filed on the basis of a proposed use, a declaration of use must be filed with the CIPO. In this declaration, the date of the first use of the trademark in Canada must be provided for each of the claimed goods and services. The time limit for filing this declaration can be extended up to three times.
5. Filing a Certificate of Registration
If the trademark application in Canada is filed on the basis of a foreign registration, a trademark certificate must be filed with the trademark office in Canada. If the trademark certificate is not written in English language, a translation thereof into English language must be provided.
6. End of the Grace Period of Non-use
After expiry of a time limit of three years from the registration of the trademark in Canada, any third party may request that the applicant provides documentary proof of the use of the trademark. If such a request is filed by a third party, it is necessary to prove the use of the trademark in Canada for each good and service claimed in the application. If no proof of the use can be provided, the trademark will be partially or fully cancelled.
7. Prohibited Trademarks
In Canada, some kinds of signs are excluded from trademark protection. A simple word, which is predominantly a given name or family name of a person, cannot be protected by a trademark. An exception can be made, if the person whose name should be registered as a trademark has died more than 30 years before the trademark application is filed. Also, as in other countries descriptive or non-distinctive signs cannot be protected by trademarks. The CIPO will assume that the relevant consumers are familiar with both the English and French languages.
8. Power of Attorneys
Although it is not required by law to submit a signed power of attorney, the CIPO can request at any time to provide proof that the representative having filed the application in the name of the applicant is authorized by the applicant.
9. Registration Procedure
The examination of the trademark is generally carried out within a time frame of 4 to 8 months after filing the application. The total registration process can typically be completed within a time frame of 18 to 24 months from filing the application.
After the publication of the registration third parties can file oppositions against the registered trademark.
10. Renewal of Trademarks
In Canada, the normal term of protection expires 15 years after registration of the trademark. The registered trademark may be renewed every 15 years.
A registered trademark may at any time be cancelled for non-use, if requested by a third party (see item 6).
Update (as of June 17, 2026)
This post predates the most extensive overhaul of Canadian trademark law since the 1950s, which came into force on June 17, 2019. As a result, several statements above no longer reflect the law. In particular, Canada now is a member of the Madrid Protocol, classification of goods and services is now required, the term of registration is now ten years rather than fifteen, and a declaration of use is no longer needed to obtain a registration.
The June 17, 2019 reform
- Accession to three WIPO treaties: the Madrid Protocol, the Nice Agreement and the Singapore Treaty. Applicants can now designate Canada through an international registration, and Canadian owners can file international applications via WIPO.
- Use requirement abolished for registration: applications no longer need a filing basis or a date of first use, and no declaration of use is required before registration. Use still matters, however – a registration remains open to non-use cancellation after three years.
- Enforcement limit in the first three years: the owner of a registration generally cannot obtain relief for infringement or depreciation of goodwill during the first three years after registration unless the mark was in use in Canada in that period (or special circumstances excuse non-use).
- Mandatory Nice Classification and per-class fees: goods and services must be classified; the flat filing fee was replaced by a fee-per-class system. The term “wares” was replaced by “goods.”
- Term reduced from 15 to 10 years for any registration issued or renewed on or after June 17, 2019.
- Non-traditional signs registrable: sounds, scents, tastes, textures, colour per se, holograms, moving images, three-dimensional shapes, modes of packaging and positions – examined for distinctiveness.
- Examination for distinctiveness: the Registrar may object where a mark is considered not inherently distinctive.
- Procedural modernisation: divisional applications and merger of registrations were introduced; “associated marks” were abolished; and bad faith became a ground of both opposition and invalidation.
- Fees (2019): electronic filing CAD 330 for the first class plus CAD 100 per additional class; renewal CAD 400 for the first class plus CAD 125 per additional class. Renewal is possible only within the six months before or after expiry.
Further changes since 2019
- CIPO fee increase (January 1, 2024): most official fees rose by about 25 % (the first comprehensive fee review since 2004), applying to national filings and Madrid designations alike. The trademark application fee rose to roughly CAD 458 for the first class and CAD 139 per additional class, with renewal and opposition fees increasing accordingly. CIPO fees are now adjusted annually for inflation, so current amounts should be checked on the CIPO website before filing.
- Evidence on appeal (April 1, 2025): under subsection 56(5) of the Trademarks Act, a party now needs leave of the Federal Court to file additional evidence on an appeal from a decision of the Registrar.
- Quebec language rules (from June 1, 2025): under the amended Charter of the French Language, a registered trademark benefits from the “recognized trademark” exception for non-French marks used in Quebec; unregistered marks may require French translation of descriptive or generic wording. Registration in Canada has therefore gained additional strategic value for use in Quebec.
In short, the practical guidance in this 2015 post should be read against the current regime: Canada is now part of the international Madrid system, classification and per-class fees apply, registrations last ten years, and use is no longer a precondition for registration – though it remains decisive for maintaining and enforcing a mark. For current fees and procedural details, please consult CIPO or seek professional advice.
Photo: © Jamie McCaffrey, [CC BY 2.0]
