You can register a Canadian trademark in 2026 without proving use. CIPO charges CAD 491.06 for the first class and CAD 149.04 for each further class, indexed each January. Plan for a two-month opposition window after advertisement, and expect the whole process to take more than a year even when nothing is objected to. Canada can be included in an international application through WIPO's Madrid System (the Madrid Protocol), and it uses Nice classes.
Who can file, and what changed since 2019?
You do not need to show use to file or to obtain registration in Canada. That change arrived with the 2019 amendments. Your registration can still be challenged for non-use if the trademark has not been used in Canada in the preceding three-year period under section 45 of the Trademarks Act. So you can secure rights early, but plan to put the trademark into the market and keep records.
Canada's trademark system is administered by the Canadian Intellectual Property Office, and governed by the Trademarks Act and Trademarks Regulations. Canada applies the Nice Classification and asks for clear, compliant identifications. CIPO's Goods and Services Manual is the reference point for acceptable wording.
What will it cost me in 2026?
CIPO's government fee for filing is CAD 491.06 for the first class and CAD 149.04 for each additional class. CIPO adjusts its fees every January under the Service Fees Act, so the exact figure moves a little each year. The fee that applies is the one in force when CIPO receives payment, not when you pressed submit. If you are timing a filing or a renewal around year-end, that detail matters.
Other fee events in a Canadian filing:
- Opposition: CAD 1,115.08 to file a statement of opposition if you challenge an application (or the same fee for an opponent challenging yours).
- Recording an assignment: CAD 125 per trademark.
- Renewal fees per class at ten years.
- Section 45 request fees if someone starts a non-use challenge.
- For an international application, WIPO's basic fee plus Canada's individual fee.
Our professional fee for a Canadian filing is on the pricing page, with the government fees shown separately. If you are reading this in December, prepaying an upcoming step before January 1 avoids the next annual adjustment.
For a search-backed quote, start with a free trademark check or go straight to our Canada filing service.
How long does registration take in 2026?
Longer than most owners expect. CIPO's queue to first examination is the largest part of the wait, and a straightforward application takes well over a year from filing to registration. CIPO publishes its current turnaround times, and we quote the live figure at engagement. Using clear, pre-approved goods and services language usually shortens the path.
A detail from our files: we had a consumer electronics application stalled over a custom description of accessories. We replaced it with entries lifted from the Goods and Services Manual and the objection was withdrawn at the next action. In Canada, custom poetry in identifications adds risk without adding scope.
For deeper tactics on examiner reports, see Canadian Trademark Examination and Examiner's Reports: How to Respond.
What are the steps to register a Canadian trademark?
Here is the simple version. Our team handles each step and files directly with CIPO.
1) Search for conflicts. Check CIPO's database for identical and similar trademarks in related classes. Include phonetic and translation variants. If you sell online, consider common law hits too. Our team can run a full search and risk analysis, or you can start with Canadian Trademark Search: How to Use the CIPO Database Before Filing.
2) Choose the right trademark format and classes. Word mark for broad coverage, or a logo if the word is descriptive. Map your products to the right Nice classes with Class Assist, or read Nice Classification: How to Choose the Right Trademark Classes.
3) Draft a compliant list of goods and services. Use CIPO's Goods and Services Manual. Pre-approved terms reduce objections and can speed allowance. Avoid marketing fluff and overly broad phrases. Canada expects clarity.
4) File the application. File directly with CIPO, or file an international application through WIPO's Madrid System and include Canada. Keep your identification consistent across filings.
5) Examination. CIPO reviews for formalities and substantive issues like descriptiveness and likelihood of confusion. If there is a problem, you receive an examiner's report with a response deadline.
6) Respond to the examiner's report. Amend goods and services, argue distinctiveness, or narrow the scope to address cited trademarks. Thoughtful amendments that stay within the intended market often resolve the issue.
7) Advertisement and opposition. If the examiner is satisfied, the application is advertised in the Trademarks Journal. A statement of opposition must be filed within two months of advertisement (Trademarks Act, s. 38), subject to possible extensions. If unopposed, the application proceeds to allowance and then registration.
8) Registration and certificate. CIPO issues a registration certificate. The initial term is ten years from the registration date, renewable in ten-year blocks.
9) Use, watch, and renew. Keep evidence of use. Consider a watching service to spot copycats early, then renew on time. Trademark Monitoring and Enforcement: Protecting Your Brand After Registration explains post-registration steps, and Canadian Trademark Renewal: CIPO Deadlines, Costs, and Maintaining Your Registration covers renewals.
How does WIPO's Madrid System work for Canada?
You can file an international application through WIPO and include Canada. CIPO examines the Canadian part of that application on the same grounds as a national filing, and the identification must not exceed your home trademark. If CIPO issues a provisional refusal, you must respond on time under Canadian rules.
When does the WIPO route make sense? If you need coverage in multiple countries at once and can live with your goods and services being tied to your home trademark, an international application can be efficient. If your Canadian specification needs local tailoring, a direct Canadian application sometimes gives you more room to adjust.
Common Refusal Grounds in Canada, and How We Fix Them
- Confusion with prior trademarks. We assess the overlap in goods, channels, and distinctiveness. Narrowing goods, obtaining consent, or rebranding early may be the right call. A consent alone rarely saves a high-conflict case in Canada if the trademarks and goods are close.
- Descriptiveness or genericness. If your trademark describes a feature or quality, registration is hard. A stylized logo can be a stepping stone while you build acquired distinctiveness through use.
- Unclear goods and services. This is the most frequent, and the fastest to fix. We align the wording to the Goods and Services Manual and, where needed, split into clear items across the right classes.
A quick vignette: a beverage startup applied for a term that overlapped a prior energy drink trademark. We carved out alcoholic beverages, narrowed to mixers and syrups, and the confusion citation was withdrawn. Specificity beats wishful thinking.
Maintenance, Non-Use Risk, and Renewals
Registration lasts ten years from the registration date, and you can renew for successive ten-year periods. Canada does not require periodic use declarations, but your registration can be expunged under section 45 if you cannot show use in the preceding three years when challenged. Keep dated samples of packaging, invoices, and screenshots. It turns a section 45 notice from a crisis into a file-pull.
If You Are Filing From Outside Canada
Foreign owners file in Canada every day. The core process is the same. For practical tips, see our guide to filing a Canadian trademark from outside Canada, and for the full picture of the Canadian system see our Canada country guide.
Ready to move?
Our team files directly with CIPO, responds to the office, and keeps your case on calendar. GTC is an attorney-led firm founded in 2016, with a trademark team that files in the countries and regions where you trade. We file in Canada regularly and will send you a written quote with your fee and a filing date.
Related reading:
- Canadian Trademark Opposition: Proceedings Before the Trademarks Opposition Board
- Canadian Trademark Examination and Examiner's Reports: How to Respond
- Nice Classification: How to Choose the Right Trademark Classes
Frequently Asked Questions
Do I need to be using my trademark in Canada to file or obtain a registration?
No. Since the 2019 amendments, owners do not need to provide dates of first use or a declaration of use to secure registration. Registrations are still vulnerable to expungement for non-use under section 45 if the trademark is not used in Canada for the preceding three-year period.
How much does a Canadian trademark cost?
CIPO charges CAD 491.06 for the first class and CAD 149.04 for each additional class, indexed each January. Professional fees are on the pricing page.
What is the opposition period after my application is advertised?
Two months from the date of advertisement in the Trademarks Journal, with possible extensions under the Act and practice rules (Trademarks Act, s. 38).
How long does Canadian trademark registration take?
More than a year for a straightforward case, with the wait for first examination the largest part. CIPO publishes current turnaround times, and objections or oppositions extend the timeline.
How long does a Canadian trademark registration last?
Ten years from the registration date, renewable for subsequent ten-year periods.
Can I file through WIPO's Madrid System to cover Canada?
Yes. Canada is a member of WIPO's Madrid System. You can file an international application through WIPO and include Canada. CIPO examines the Canadian part of it like a national filing.
Do I need to classify my goods and services?
Yes. Canada uses the Nice Classification system, and CIPO requires identification aligned with its Goods and Services Manual. Clear, compliant wording reduces objections and often speeds examination.
