Register your trademark in Canada

Business name vs trademark

Many founders assume that once their corporation is registered, their name is protected. It is, but only as a corporate namecorporate nameThe corporation’s legal name: a distinctive, a descriptive and a legal element.See definition → in the corporate registry. A trademark is something else: it protects a brand (a word, a logo, a slogan, sometimes a sound or a shape) used in association with specific goods or services.

The two can coexist: a corporation called 12345678 Canada Inc. can sell under a registered brand, and a corporation can register its own name as a trademark if it uses that name as a brand. What matters is that a corporate name approval or a NUANS report says nothing about whether the same name is free as a trademark. A name accepted by the registry can still conflict with a trademark someone else has registered or uses.

Availability search

Before filing, the question is whether the mark is likely to be registrable and whether someone else already has rights to a similar mark for related goods or services. CIPO examines applications for confusion with existing marks, and third parties can oppose an application after it is advertised. A search before filing reduces the risk of spending the filing fees on a mark that is refused or opposed.

• Registered and pending marks: the Canadian Trademarks Database, searched for identical and similar marks, not only exact matches.
• Unregistered use: businesses already using a similar name or logo, found in business registries, domain names, online marketplaces and social media.
• Registrability: marks that are clearly descriptive, a surname, a geographic name or a sign that could mislead can be refused, and a lawyer can assess these grounds.
• Related goods and services: two similar marks can coexist when the goods and services are unrelated; the search looks at both the mark and the field.

Search results need interpreting. The test for confusion considers the overall impression of the marks, the nature of the goods and services, the channels of trade and how long each has been used. That assessment is legal advice, and it is provided by a trademark agent or a lawyer, not by Incorpo. No search can guarantee that a mark will be registered: the examiner and, if there is an opposition, the Trademarks Opposition Board decide.

Classes of goods and services

A trademark is registered for specific goods and services, not in the abstract. Canada uses the Nice Classification, an international system that groups goods and services into numbered classes: clothing in one class, software in another, restaurant services in another, and so on. Every application lists the goods and services in precise terms and groups them by class.

A software start-up, for example, may list downloadable software in one class and software-as-a-service in another; a café brand may cover restaurant services in one class and packaged coffee in another. Which classes and terms fit a given business is decided with the trademark agent or lawyer when the application is prepared.

Trademark registration in Canada: timeline and government fees (sourced)

A Canadian trademark application goes through several stages at CIPO. Some files move straight through; others receive an objection or an opposition, which adds steps.

1. 1FilingThe application is filed online with the mark, the owner, and the goods and services by class. Government fee: $491.06 (2026, online, first class)source, plus $149.04 per additional class (2026)source.
2. 2ExaminationA CIPO examiner reviews the application for formal requirements, registrability and confusion with existing marks. If there is a problem, the examiner issues a report and the applicant can respond.
3. 3AdvertisementOnce approved by the examiner, the application is advertised in the Trademarks Journal so that third parties can see it.
4. 4Opposition periodAnyone who believes they have better rights can oppose the application within a set period. Oppositions are decided by the Trademarks Opposition Board.
5. 5RegistrationIf there is no opposition, or once it is resolved in the applicant's favour, the mark is registered. The registration must be renewed periodically to stay in force.

We do not publish a processing time on this page: CIPO's examination times change over time and are published by CIPO itself. Other government fees can apply during the life of a mark, such as renewal or certain filings during examination and opposition; they are being verified and are not displayed here yet. The fees above are shown with their source and verification date.

After registration: keeping the mark strong

A registration is a starting point. Its value depends on how the mark is used and looked after over the years, and some obligations continue after the certificate is issued.

• Use the mark as registered: a brand that drifts far from the registered form, or stops being used for the listed goods and services, can become vulnerable to a challenge for non-use.
• Keep ownership consistent: if a founder registered the mark before incorporating and the corporation now uses it, the transfer to the corporation is recorded with CIPO.
• Control licensees: when others use the mark under licence, such as franchisees or distributors, the owner keeps control over the character or quality of the goods and services.
• Watch the register: new applications for similar marks are advertised, and the owner can oppose them within the opposition period.
• Renew on time: a registration that is not renewed is removed from the register.

Many owners keep the registration certificate, the renewal date and any licence agreements with their corporate records, so that a buyer, investor or lender can check who owns the brand. In your Incorpo account, the trademark file sits next to the minute book.

How the trademark service works with Incorpo

Incorpo is not a law firm or a trademark agent. Searches, legal opinions on availability and the filing itself are handled by a registered trademark agent or a lawyer. Incorpo's role is to collect your information, connect it with your corporate records and keep the file in your account.

1. 1Your brand and activityYou tell us the mark (word or logo), the owner (usually your corporation) and the goods and services you sell or plan to sell.
2. 2Search by a trademark agent or lawyerThe trademark agent or lawyer searches for conflicting marks and gives you its assessment of the risks.
3. 3ApplicationIf you decide to go ahead, the firm prepares the list of goods and services by class and files the application with CIPO.
4. 4Follow-upExaminer's reports, advertisement and any opposition are handled by the firm, and the file's status is visible in your account.

Doing business in Quebec? The use of a trademark in a language other than French on products, signs and commercial documents is subject to specific rules under the Charter of the French language. A lawyer can explain how they apply to your brand.