How to Trademark in Canada

This video summarizes the Canadian trademark registration process, starting with the day you file your trademark application with the Canadian Intellectual Property Office.

Once you file your trademark application, unfortunately it's sits there for two to three years before it is examined. Examination is the first step in which the Trademarks Office looks at your application to see whether it complies with Canadian trademark laws. They look at whether your trademark is descriptive, generic, or not distinctive of the goods and services that you've claimed. Also, they search their database to determine if your trademark is confusing with a mark that's already on the trademark register.

The Examiner also looks at whether you have described your products and services in ordinary and commercial terms, and at whether you have properly classified your goods and services. Goods and services must be categorized into one of 45 different classes, and the government fees due will depend on the number of classes that are contained in your trademark application.

Once your application meets all the requirements of Canadian trademark laws, the Trademarks Office will approve your application, and then it's advertised in the Trademarks Journal. This is a weekly online publication of the Trademarks Office that lists all the approved applications and gives the public two months from the date of the publication to oppose based on a belief that you aren't entitled to that trademark. If there is someone who has earlier rights in your trademark or something confusingly similar, they can oppose and try to stop your trademark registration.

If there aren’t any oppositions, your application is allowed for registration, and the government grants you a registration number and registration date, and you will be the owner of the trademark for the next 10 years.