Insights · Trademarks
How to register a trademark in Canada
A Canadian trademark is examined and granted by the Canadian Intellectual Property Office (CIPO), an agency under Innovation, Science and Economic Development Canada (ISED). One application covers the whole country, the filing basis is unusually light, and the timeline is long. Here is what protection you actually get, what it costs in 2026, how the process runs and the one trap that catches most applicants.
What this registration gives you
A registration with CIPO protects your mark nationwide — across all provinces and territories — for the goods and services listed in your application. The protection is limited to Canada: it gives you no rights in other markets. If you also need cover abroad, you can use the Madrid Protocol (Canada joined on 17 June 2019) or file directly in each country. Within Canada, registration gives you a single, exclusive right you can rely on and enforce, rather than the patchwork of unregistered common-law rights tied to where you actually trade.
What it costs in 2026
| Application, first class — online | CAD 491.06 |
| Application, first class — paper | CAD 640.10 |
| Each additional class (online or paper) | CAD 149.04 |
| Separate registration fee | None |
Fees shown are CIPO official fees for 2026; they rise annually by about 2.7% under the Service Fees Act. There is no separate registration fee and no use declaration to pay for: once the mark clears opposition, registration follows automatically. Professional or agent fees, if you use one, are additional.
Is that cheap? It depends on how you read it. For a right that covers an entire G7 country in every province and territory, the base online fee of CAD 491.06 is modest — you are buying broad geographic reach with one filing. The figure is misleading, though, if you stop at the first class: that base fee covers only one Nice class, and each additional class adds CAD 149.04. A brand spanning, say, four classes pays meaningfully more. And remember the scope: this is one country. Comparing Canada to a multi-country route only makes sense once you add the per-territory cost of Madrid designations or direct national filings elsewhere.
Done for you
Prefer to have it handled?
From the clearance search to filing and opposition defence, Rabbit Marketing can manage your trademark end to end — in the EU and, through the Madrid System, worldwide. Tell us your brand and the goods or services it covers, and we will send you a tailored proposal.
Request a quote → Book a consultation →Filing basis and what makes Canada different
Canada's filing basis is lighter than many people expect — and notably lighter than the United States.
- No proof of use is required to register or to renew. Since 17 June 2019 there is no Declaration of Use and no date of first use to supply.
- Nice classification is mandatory. Goods and services must be grouped into the correct international classes and described in ordinary commercial terms.
- Use still matters later. A registration can be removed for non-use under Section 45 once it is three years old, so the relief from a use requirement at filing is not permanent.
- No shortcuts: Canada has no UK-style series marks and no Australian-style TM Headstart pre-assessment service.
The process, step by step
- File and formalities. Submit your mark with goods and services sorted into Nice classes. CIPO assigns a filing date and application number; an acknowledgement usually arrives within about 7 business days.
- Examination. An examiner checks registrability, possible confusion with earlier marks, whether the mark is merely descriptive, and that the Nice classes are correct and stated in ordinary commercial terms.
- Examiner's report. If issues are raised, you receive a report and have 6 months to respond. Miss that deadline and the application is treated as abandoned.
- Approval and publication. Once approved, the mark is advertised in the weekly Trademarks Journal, usually around two weeks after approval.
- Opposition window. Third parties have 2 months from advertisement to file a statement of opposition.
- Registration. If no one opposes, registration follows automatically — no separate registration fee and no use declaration.
The one to watch
The multi-class blind spot — and the three-year clock
The most common miscalculation is treating the headline application fee as the full price. It covers only the first class; every additional class adds CAD 149.04, so a multi-class brand can cost several times the advertised figure. Budget for the classes you genuinely need before you file, not after.
The second half of the trap is assuming the certificate is the finish line. Even though no use is required to file, the registration can be struck for non-use under Section 45 once it is three years old — and with processing often running 12 to 24+ months, the queue is long. Plan to put the mark into genuine commercial use, and keep evidence of that use, so a later challenge cannot quietly empty out your registration.
Keeping the mark alive
A Canadian registration lasts 10 years (the term was shortened from 15 in 2019) and is renewable indefinitely in further ten-year periods. Renewal online costs CAD 595.06 for the first class plus CAD 185.49 for each additional class (CAD 744.10 on paper). As with filing, no proof of use is needed to renew.
Maintenance is therefore less about paperwork and more about genuine use: from year three onward the mark is exposed to removal for non-use under Section 45. Diarise the renewal date well ahead, keep your classes accurate, and retain dated evidence that the mark is in commercial use. Note too that processing times of 12 to 24+ months are typical rather than an official service standard, so build that into your planning.
For your brand
Built on first-hand experience
Rabbit Marketing does not only advise on trademarks — we hold our own registered EU trademarks and have direct, hands-on experience of EUIPO opposition proceedings, including matters involving major multinational companies. That means we read these filings the way an owner does, not just an observer. We help you clear, file and protect a brand across the offices that matter to you.
Talk to us about your brand →FAQ
Questions, answered
Do I have to prove use to register in Canada?
No. Since 17 June 2019, CIPO requires no proof of use to register or to renew — there is no Declaration of Use and no date of first use to provide. Use still matters afterwards, because the mark can be removed for non-use under Section 45 once it is three years old.
How long does registration take?
Processing commonly runs 12 to 24+ months. That is a practical expectation, not an official service standard, so timelines can vary with examination issues and any opposition.
Does a Canadian registration protect my brand abroad?
No. Protection is limited to Canada — all provinces and territories, but nowhere else. For other markets you can use the Madrid Protocol, which Canada joined on 17 June 2019, or file directly in each country.
What happens if someone opposes my application?
After the mark is advertised in the Trademarks Journal, third parties have a 2-month window to file a statement of opposition. The CIPO office fee for a statement of opposition is CAD 1,115.08, and the window is extendable in some circumstances.
Can my registration be cancelled later?
Yes. Under Section 45, a registration that is at least three years old can be removed for non-use. Keeping the mark in genuine commercial use, and retaining evidence of that use, is the way to guard against this.
Sources
Where this comes from
Research date: June 2026. Official fees and procedures change periodically — confirm current figures on the relevant office’s website before you file. This is general information, not legal advice. Company and brand names are used for editorial reference only and imply no affiliation with Rabbit-Marketing OÜ.
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