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 crosses your mind is “How do I protect that name so that somebody doesn’t steal it when learning how to trademark a name in Canada.
While trademarking may sound intimidating, the process is much simpler when broken down step-by-step.
We have been filing trademarks in Canada, the US, and Europe since 2002! If you need help getting a name trademarked in Canada, BRC BC can help.
What is a Trademark in Canada?
Understanding how to trademark a name in Canada starts with knowing what a trademark actually is. 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 similar name. This is the foundation of how to trademark a name in Canada.
A trademark can cover the following:
- Business name
- Product Names
- Slogans
- Logos
- Word combinations
- 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!
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. This is why it’s important to protect a business name in Canada and know the procedure for trademarking it, which is why understanding how to trademark a name in Canada is essential.
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: CIPO reports a 51% increase in trademark filings over the past decade! The growth shows why registering a trademark early matters.
It’s important to understand in depth every aspect of the This is why understanding how to trademark a name in Canada thoroughly is so important because the application process is already long enough for getting approved, it’s best to stay away and avoid any potential conflicts the very first time.
Step-by-Step: How to Trademark a Name in Canada Online
Check out our in-depth, clear breakdown of the steps you need to take to understand how to trademark a name in Canada.
Step 1: Conduct a Trademark Search
Start with a full trademark search to confirm that your preferred name is available. Check the CIPO Trademark Database, existing business names, domain options and social media handles. Look for spelling variations, sound-alike names, and anything used in a similar industry to avoid conflicts and objections. This search step is critical to how to trademark a name in Canada successfully.
According to CIPO’s Intellectual Property Canada Report 2023, trademark applications filed by Canadian residents increased 51% over the past decade, which means competition for brand names is higher than ever. A proper search greatly improves your chances of smooth approval.
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. This requirement stage forms a core part of 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. BRC BC is happy to help you navigate the complex platform. We have been registering trademarks in Canada, the USA, and Europe since 2002.
If you want assistance preparing or filing your trademark, our team can handle the entire process for you from start to finish. This filing step is essential when learning how to trademark a name in Canada.
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, Business Registration Center BC. This review stage is a major part of how to trademark a name in Canada.
Step 5: Your Trademark Gets Published
You’ve made it to the 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 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?
Cost is one of the most common questions when researching how to trademark a name in Canada.
Check out the cost breakdown for trademarking a name in Canada with BRC BC:
| Item | Cost (Approx.) | Notes |
|---|---|---|
| BRC BC Trademark Filing Fee | $99 CAD + Gov. Fees | Our service fee for preparing and submitting your application |
| Government CIPO Filing Fee (1st class) | $335 CAD | Mandatory government fee |
| Each additional class | $102 CAD | Charged by CIPO |
| Optional express queue | Price varies | Faster internal processing |
| Renewal after 10 years | $199 + Gov. Fees | Required to maintain protection |
How Long Does it Take to Trademark a Name in Canada?
Timeline is a major factor in how to trademark a name in Canada.
From experience with registering trademarks successfully since 2002 globally, specifically in Canada, the typical timeline is:
- 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
Many of these errors come from misunderstanding how to trademark a name in Canada properly.
We see these mistakes all the time, and they can definitely delay your approval:
- Filings without searching for existing trademarks
- Picking 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 Easily
These tips will help simplify 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 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 Trademarking a Name in Canada
These misconceptions often confuse people learning 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. |
This article was prepared by Business Registration Center BC’s trademark and corporate filing team. We have assisted clients with trademark registrations in Canada, the U.S., and Europe since 2002.
While our team includes licensed legal professionals, the information provided here is general in nature. Applicants with complex trademark issues should review requirements directly on the CIPO website or consult a trademark professional.
Our Final Thoughts on Registering a Trademark in Canada
Teaching yourself how to trademark a name in Canada is one of the best decisions you could ever make to safeguard your brand. This ensures your brand has a secure future, free from the risk of someone else claiming your name.
“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 - Below are the most common questions people ask about 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?
When you do it directly through CIPO, it starts at $335 CAD for the first class of goods or services, plus around $102.00 for each additional class with them. BRC BC provides trademarking filing starting at $99+Gov Fees in CAD.
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.