IP roadmap – Your path to trademark registration

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1 – Filing (applicant)

You can start the application process by filing your application with the Canadian Intellectual Property Office (CIPO) online, by mail or by fax.

A complete application must include the following:

  • your name and address
  • your trademark  
  • the goods or services associated with the trademark
  • the application fee

2 – Filing date issued (CIPO)

If everything is in order with your application, CIPO assigns a filing date and an application number.

Your application will be entered into the Canadian Trademarks Database.

3 – Examination: checking for registrability (CIPO)

A trademark examiner will review your application to make sure that your trademark is registrable.

4 – Examiner's report (CIPO)

If there are any issues with your application, such as confusion with an existing trademark, the examiner will let you know in their report.

5 – Response (applicant)

You will have the opportunity to respond to any of the examiner's concerns.

6a – Approval (CIPO)

If your application is approved, CIPO will send you a formal notice of approval to let you know.

or

6b – Refusal (CIPO)

If your application is refused, CIPO will send you a report explaining why.

7 – Advertisement (CIPO)

If CIPO approves your application, it will be published in the Trade-marks Journal on CIPO's website.

This will give others the opportunity to oppose your application.

Opposition

If someone opposes your application, the Trademarks Opposition Board will let you know and you will receive a copy of the statement of opposition.

You and the party opposing your application will then have a chance to file evidence and written arguments.

8 – Registration (CIPO)

If there is no opposition to your application, or if an opposition is rejected, your application will proceed to registration.

CIPO will send you a certificate of registration and enter the trademark in the Register of Trademarks.

9 – Renewal (applicant)

To maintain your registration, you will have to pay a renewal fee every 10 years.

Resources

 

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Except as otherwise specifically noted, the information in this publication may be reproduced, in part or in whole and by any means, without charge or further permission from the Department of Industry, provided that due diligence is exercised in ensuring the accuracy of the information reproduced; that the Department of Industry is identified as the source institution; and that the reproduction is not represented as an official version of the information reproduced, or as having been made in affiliation with, or with the endorsement of, the Department of Industry.

For permission to reproduce the information in this publication for commercial purposes, please fill out the Application for Crown Copyright Clearance or contact the ISED Citizen Services Centre mentioned above.

Ⓒ Her Majesty the Queen in right of Canada, as represented by the Minister of Industry,

2021

Aussi offert en français sous le titre Feuille de route de la PI – La marche à suivre pour enregistrer votre marque de commerce.

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