Trademark Registration in Canada

Overview: why register a trademark in Canada?

Canada is a developed economy with a stable consumer market and a gateway to North America, relevant to Vietnamese businesses exporting agricultural produce, food, consumer goods and services. Trademark registration secures exclusive rights, supports distribution, and provides a basis for enforcement across the federation. The 2019 reforms fundamentally changed the procedure: the term fell from 15 to 10 years, the use-at-filing requirement was removed, Nice classification became mandatory with per-class fees, and Canada joined the Madrid Protocol so it can be designated via an international application. The point to anticipate is CIPO's long examination backlog, with the wait to first examination commonly around 18–24 months or more, so filing early and pursuing the application patiently is advisable.

Trademark registration cost in Canada

Reference estimate for one class; extra classes cost more. Excludes VAT and extra costs under each country's rules (office action responses, oppositions, grant fees, translation/legalisation...).

Requirements for protection

• The sign must be capable of distinguishing the goods or services; clearly descriptive or generic marks are prone to refusal.
• It must not be identical or confusingly similar to an earlier registered or pending mark for related goods or services.
• It must not be a prohibited or deceptive sign; note that certain official marks receive special protection under Canadian law.
• Nice classification of goods and services is mandatory, with fees charged per class.
• There is no longer a requirement to prove use at filing following the 2019 reforms.
• Foreign applicants should appoint a Canadian agent to receive correspondence and prosecute the application.

Clearance search before filing

Before filing, search CIPO's Canadian trademarks database to detect identical or confusingly similar earlier marks and assess the risk of refusal. Because examination is slow, catching conflicts early avoids waiting many months only to receive a refusal; you should also review how descriptive the sign is and consider narrowing the specification to limit per-class fees. In a bilingual English-French market, consider the meaning of the sign in both languages.

Procedure & timeline by stage

Required documents

• A clear specimen of the mark (in colour if colour protection is claimed).
• A list of goods and services with mandatory Nice classification.
• Applicant details: name, address, nationality or business information.
• A power of attorney for the Canadian agent.
• Priority claim documents, if any.
• A description of the mark for non-traditional marks, where applicable.

Validity & renewal

After the 2019 reforms, a Canadian trademark registration is valid for 10 years from the registration date (previously 15 years) and may be renewed for successive 10-year terms. There is no longer a use requirement at filing or renewal, but an unused mark may be removed on non-use grounds at a third party's request, so businesses should keep evidence of genuine use in the Canadian market.

Common grounds for refusal & how to handle them

• Clearly descriptive or non-distinctive marks; addressed by argument or evidence of acquired distinctiveness through use.
• Identity or confusing similarity with an earlier mark; addressed by narrowing the list, a letter of consent, or arguments on differences.
• Specifications not specific enough or not classified to CIPO standards; addressed by amendment.
• Conflict with official marks that receive special protection under Canadian law.
• Opposition filed during the advertisement period; addressed by negotiation, a defence and evidence.

Key notes for registering in Canada

• •CIPO has a long examination backlog, with the wait to first examination often 18–24 months or more; file early.
• •2019 reforms: the term is now 10 years, the use-at-filing requirement was removed, and Canada joined Madrid.
• •Nice classification is mandatory with per-class fees, so weigh the specification carefully to control costs.
• •A bilingual English-French market means the sign's meaning in both languages should be considered.
• •Certain official marks receive special protection under Canadian law and should be checked during searching.

Frequently asked questions