Want to learn how to trademark a name in Canada? If you’ve ever come up with a name that you really love – a name that you could see yourself using for your website, your business sign, maybe even product packaging – I’m sure the very first question that crossed your mind is “How do I protect that name so that somebody doesn’t steal it?”
That’s where the importance of figuring out how to trademark a name in Canada comes into play.
Trust me when I tell you that, while the name of the process might scare you, it’s not that complex.
Well, let’s break it all down step-by-step, the way you would teach someone new who owns a business and wants things explained.
What Is a Trademark in Canada?
A trademark is essentially a badge of identity for your brand. “How to trademark your name in Canada” essentially refers to granting your name a certain safeguard against other people using a confusingly similar name.
A trademark can cover the following:
- Business name
- Product Names
- Slogans
- Logos
- Word combination
- Symbols
You could think of it like putting a lock on the front door of your brand. After you secure that registration through the Canadian Intellectual Property Office (CIPO), it’s all yours – across the country!
That’s the benefit of getting the trademark registration in Canada done.
Why Trademarking a Name Matters (And Why It’s Not Optional Anymore)
As the number of online businesses grows at a fast pace across Canada, the likelihood of having your name used and copied or similar marks registered increases beyond belief. As such, it’s important to know the procedure of trademarking a name within the Canadian marketplace.
This is what a trademark provides for you:
- Nationwide legal protection
- Right to exclusive use of name
- Greater credibility with customers
- Protection from those copycats
- Right to bring a lawsuit
- The right of licensing and franchising for the future
A research-based stat worth noting: The average
Data from the Canadian Intellectual Property Office shows that the Canadian trademark filings are up over 54% for the past decade. This represents a trend of more individuals protecting their brand name and the risk of individuals losing the name if they put it off.
It’s important ot undetsatand in depth every aspect of the process when it comes to learning how to trademark a name in Canada, because the application process is already long enough for getting approved, it’s best tos tay away and avoid any potential conflicts the very first time.
Step-by-Step: How to Trademark a Name in Canada
Check out our in-depth, clear breakdown of the steps you need to take to trademark a name in Canada.
Step 1: Check if the Name Is Available
Before filling, we always start with a search, either a Name Approval search or one dedicated to trademarks.
A Trademark search report covers reports at the federal level and nationwide, while a name approval or a name pre-search report is typically done by province, and is strictly for names only. Trademark searched covered everything from logos, names and more.
Too many Canadians file without checking name conflicts, and that’s the #1 reason people get rejected or stop the process midway
Here’s what you need to search:
- CIPO Trademark Database
- Existing business names
- Domain name availability
- Social media usernames
When you search, look for:
- Spelling variations
- Similar-sounding names
- Names used in similar industries
If someone already owns something close to yours, you may need to adjust your name before moving forward.
Step 2: Confirm the Name Meets CIPO Requirements
CIPO can reject names that are:
- Are way too descriptive
- Are only a surname
- Are misleading
- Are geographic locations
- Are too generic
- Are identical or confusingly similar to another mark.
This is one of the reasons the government examination takes months – they’re checking if the name truly qualifies. One of the most crucial steps when learning how to trademark a name in Canada.
Step 3: File Your Trademark Application
Once you confirm the name is available, you’ll need to file and register a trademark in Canada by applying through the CIPO Business Registration Center. BC is happy to help navigate the complex platform as we have been registering trademarks in Canada, the USA, and Europe since 2002.
Step 4: CIPO Reviews the Application
This is when the patience needs to come into play. CIPO examiners start to check the application for:
- Accuracy
- Conflicts
- Compliance with trademark laws
- Classification of goods and services
If there is any issue, they’ll send something called an “Examiner’s report” asking you to fix or clarify something. To avoid rejection, it’s best to reach out to us and get the help to increase the chance of a successful trademark registration anywhere in the world with Business Registration Center BC.
Step 5: Your Trademark Gets Published
You’ve made it ot he last step on How to trademark a name in Canada, now, if the examiners clear your application, CIPO publishes your trademark in the trademark journal. This gives the public a chance to oppose it.
Congrats, your name is now officially legally protected in all of Canada for the next ten years. It just has to be renewed upon nearing expiry.
How Much Does it Cost to Trademark a Name in Canada?
The table below breaks down how much it costs to start the registration with an application for a trademark in Canada:
| Item | Cost (Approx.) |
|---|---|
| Filing fee (online – first class) | $99 + Gov Fees CAD |
| Filing Speed Queue | Price Varies |
| Renewal after 10 years | $199 + Gov Fees CAD |
| Optional legal help | Varies |
How Long Does it Take to Trademark a Name in Canada?
Another frequently asked question on how long does it take to trademark a anme in Canada? From experience with registering trademarks successfully since 2002 globally, specifically in Canada, the typical timeline when filling correctly the first time is as follows:
- Initial filing: Same Day
- First Review: 8-12 Months
- Corrections (if needed): 1-3 Months
- Publication: 2 months
- Final Registration: 1-2 Months
Common Mistakes People Make When Trademarking a Name
We see these mistakes all the time, and they can defenitly delay your approval significantly.
- Filings without searching fo existing trademarks
- Pick a generic or descriptive name
- Incorrectly classifying goods and services
- Using the name before confirming availability
- Assuming business name registration = trademark (it does NOT)
- Not renewing after 10 years
Practical Tips on How to Trademark a Name in Canada
Take a look at the few simple things that make the trademark registration process easier:
- Picking a name that is very unique, memorable and not descriptive
- Check availability across all platforms
- Keep your proof of name usage
- Bookmark your CIPO account
- File early – trademarking takes time, or select an express processing queue.
- Think long-term about how your brand will grow.
Myths vs. Facts on How to Trademark a Name in Canada
| Myth | Fact |
|---|---|
| “I registered my business name, so I own it.” | Business name registration is NOT a trademark. |
| “I own the domain, so I’m protected.” | Domains don’t give legal trademark rights. |
| “Trademarking is fast.” | The process takes 12–18 months. |
| “I don’t need a trademark if my business is small.” | Small brands get copied the fastest. |
| “I can trademark a generic word.” | Generic or descriptive names almost always get rejected. |
Our Final Thoughts on Trademarks in Canada
Teaching yourself how to trademark a name within Canada is one of the best decisions you could ever make to safeguard your brand. This will ensure you have a future free of concerns that another person could steal your identity.
“Once you understand the steps of the search, file, review, and then publish and register, then it all becomes much simpler. It’s really just a matter of breaking it down and then patiently filing the first time.”
– Michael Van Orman
Your brand name is a symbol of what you are building. Start protecting it early.
FAQs - How to Trademark a Name in Canada
What is the process to trademark a name in Canada?
You search the CIPO database, prepare your goods and services list, file the application online, respond to any examiner issues, wait for publication, and receive approval if there’s no opposition.
How much does it cost to trademark a name in Canada?
It starts at $335 CAD for the first class of goods or services, plus $100 for each additional class.
How long does it take to trademark a name in Canada?
Most applications take 12–18 months from filing to registration.
Can I trademark a name in Canada if I’m not using it yet?
Yes. Canada allows “proposed use,” meaning you can secure the name before launching.
What can cause my trademark application to be refused in Canada?
Conflicts with existing trademarks, descriptive words, misleading names, or incorrect goods and services classification.
Does incorporating or registering a business name protect it like a trademark?
No. Only a registered trademark provides exclusive nationwide rights.
Can someone oppose my trademark after I file it?
Yes. Once your application is published, any party can oppose it for legal reasons like prior use or confusion.
Can I trademark both my business name and logo in Canada?
Yes, but each requires a separate application because they protect different elements.
How long does a Canadian trademark last after approval?
A registered trademark lasts 10 years and can be renewed indefinitely.