Trademark Registration in Canada
At Farahat & Co. we provide services to firms and individuals for safeguarding their brands through trademark registration in Canada. Trademark registration is an exclusive right under the Canada’s Trademark Act (Trademarks Act (R.S.C., 1985, c. T-13). The law gives legal protection to your brand identity across the country.
Such services are provided for trademark search, filing, objection handling, opposition, renewal and enforcement.
Overview of Trademark Registration in Canada
In Canada, a trademark may be one or a combination of words, sounds, designs, tastes, colours, textures, scents, moving images, three-dimensional shapes, modes of packaging or holograms, used to distinguish the goods or services of one person or organization from those of others.
Registration of your trademark gives you the exclusive right to use it throughout Canada and protects your brand identity.
In Canada, the legal framework for trademarks is governed by the Trademarks Act. This Act explains the procedures for registering, enforcing, and maintaining trademarks. The trademark registry, operated by the Canadian Intellectual Property Office (CIPO), maintains records of all registered trademarks and applications for registration.
Although it is not mandatory to register a trademark, registration:
- Provides strong legal rights to the owner.
- Prevents anyone else from using an identical or confusingly similar mark.
- Allows the owner to take legal action if their brand is copied or misused.
Farahat & Co. assists businesses to secure their trademarks with full compliance under Canadian law. Whether you are launching a new brand or want to expand into Canada, we ensure your trademark is properly protected.
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How to Register a Trademark in Canada
Registering a trademark in Canada involves several steps. At Farahat & Co., we guide clients on how to apply for a trademark in Canada to ensure compliance with all legal requirements.
The Canadian Intellectual Property Office (CIPO) manages the trademark registration process in Canada. Following is a step-by-step guide on how to register a trademark in Canada and what to expect at each step
1. Who Can Apply?
In Canada, the applicant for trademark registration has to be a “person.” According to the Trademarks Act Canada, this covers persons as follows:
- Individuals
- Partnerships
- Corporation
- Association
- Trade union
- Joint ventures
Two or more persons can also apply together, for example “John Doe and Jane Smith.”
2. Duration of Registration
Once registered, a Canada trademark is valid for ten years after the date of registration. You may renew the trademark every ten years by paying the renewal fee.
3. Pay Application Cost
You must pay an application fee when submitting your application for the registration of a trademark.
4. What to consider before filing an application
Before applying to trademark in Canada, it is highly advisable to:
- Search the Canadian Trademarks Database to search for similar trademarks.
- Look up trade names, as many businesses use trade names as trademarks even if they are not registered.
- Consider hiring a registered trademark agent familiar with the law and the process. This will come in handy particularly when objections and opposition are likely to occur in the application.
5. Submitting the Application
A complete application to register a trademark Canada must contain:
- Name and mailing address of applicant
- Representation or description of trademark in clear terms
- Description of goods and services commercially in plain terms, grouped according to Nice Classification
- The required government application fee
There are additional requirements for nontraditional trademarks, such as color, sound, and motion marks.
You must file a separate application for each trademark that you wish to register. However, one application can cover a number of goods or services for a given trademark.
You may file your application through CIPO’s e-filing system, or payment by mail. The Registrar then checks it for completeness before assigning a filing date. The filing date is significant, as it establishes your priority in case of disputes.
6. Examination by CIPO
After filing, the Canada trademark office examiner will:
- Search the trademark registry Canada for conflicting marks
- Check whether the mark is registrable under the Trademarks Act Canada
- Object where necessary
In case of concerns from the examiner, they will issue an examination report. You or your agent must respond. If the response is not satisfactory enough, the application may be refused. In such an instance, you may appeal the court’s decision to the Federal Court of Canada.
7. Publication in the Trademarks Journal
Once a trademark application passes examination, it is advertised in the weekly-Trademarks Journal in a manner established by that Journal. The advertisement contains the trademark, applicant’s details, and claimed goods and services.
8. Opposition Period
After it has been advertised, third parties shall have two months to oppose registration of your trademark. Any person who has reason to believe that your trademark is similar to their own may file a statement of opposition even in the absence of validity of their mark.
The proceedings of opposition are often complex and equivalent to a hearing in court. Evidence, written submissions, and sometimes oral arguments are included. If your mark has been opposed, you are significantly advised to hire a trademark lawyer or agent to defend your rights.
9. Registration
If no opposition is filed or if the opposition is resolved in your favor, a certificate of registration will be issued by the Registrar. At this stage, your mark is officially entered into the Register of Trademarks in Canada, giving it nationwide protection.
10. Renewal and Maintenance
Every 10 years after the date of registration, your trademark in Canada must be renewed. It must also be used in Canada; otherwise, it would be subject to cancellation due to non-use if not used for three consecutive years.
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Government Fees (as of 2025)
- C$478.15 for the first class
- C$145.12 for every additional class thereafter
- Renewal: CAD $579.42 (for 10 years)
- Renewal request for each additional class of goods or services: $180.61
Processing Time:
As of 2025, the average processing time for examination of trademark application in Canada is approximately 8.7 months from the date of filing to examination, followed by a 2-month opposition period before final registration. But delays may occur due to objections, oppositions, or application issues.
Farahat & Co. ensures that your application is complete, distinctive, and made in accordance with Canadian regulations.
Canadian Trademark Search and Lookup
- Canada trademark search will benefit you before filling an application for registration of your trademark in Canada, although it is not mandatory.
- This is cost-saving, as it prevents disputes, refusal by Canadian Intellectual Property Office (CIPO), and infringement.
- A proper search shows whether your proposed mark is too similar to existing trademarks. The Canadian Trademarks Database includes active and inactive marks, official marks, and prohibited marks, and your application will also be added once filed.
- To be thorough, check for variations and translations—for example, when registering “North Pole,” also search “North,” “Pole,” and the French equivalent “Nord.”
- In addition, search trade names, since many businesses use them like trademarks even if they’re not registered. Covering both trademarks and trade names gives you the best chance of a smooth and successful registration.
At Farahat & Co, we do a complete check of the trademarks in Canada, provide professional clearance opinions, and thereby avoid costly objections or disputes later on in the process.
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Canadian Trademark Authorities and Offices
The Canadian trademark office, officially known as the Canadian Intellectual Property Office (CIPO), is responsible for all trademark matters. It operates under Innovation, Science and Economic Development Canada.
CIPO handles:
- Trademark applications and renewals
- Trademark search services
- Opposition proceedings
- Maintaining the registered trademarks database
Farahat & Co. works directly with CIPO to ensure your application is accurate and complete. Once approved, your trademark is protected nationwide.
Canada Trademark Registration Process
Here is a simplified outline of the trademark Canada registration process:
| Step | Description |
|---|---|
| 1. Search | Use the Canadian Trademarks Database to check availability |
| 2. Classify | Identify the correct Nice classification for your goods/services |
| 3. File | Submit your application online via CIPO |
| 4. Examination | CIPO reviews your application (8–9 months average) |
| 5. Publication | Trademark is published for opposition (2 months period) |
| 6. Registration | If no opposition, registration is granted |
Key Requirements under the Trademarks Act Canada:
- The mark should be distinctive
- There should be no conflict with any already existing mark
- It cannot be clearly descriptive or misleading
- It must be in compliance with Canadian law (e.g., no prohibited marks)
At Farahat & Co., we will look carefully at your application to ensure this as well as handle any objections or oppositions.
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Why Choose Farahat & Co. for Trademark Services in Canada?
- Complete Assistance: From searching to filing, examination, opposition and renewal.
- Legal Compliance: We comply with the latest provisions of the Trademark Canada Act.
- Risk Reduction: We identify early conflicts so as to save you time and money.
- Global Coverage: If you do business around the globe, we will help file under the Madrid Protocol for application of protection outside Canada.
- Client-Centered: Straightforward advice will be timely communicated.
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Protecting your brand is one of the most valuable investments you can ever make. You can be guaranteed reliable, efficient, and cost-effective trademark registration services in Canada with Farahat & Co.
Whether you are a Canadian business or an international company expanding into Canada, our legal team is here to guide you through every step of the process.
Contact Farahat & Co. to have your trademark registered in Canada with complete confidence.
+971 52 6922588
| Tel: +971 4 2500251
| E-mail: sales@farahatco.net