Canada registers a trademark without proof of use, tests its meaning in both English and French, and charges a government fee for each class. This guide shows how a filing at CIPO works, what the office charges, and how long each stage takes.
We search for earlier trademarks that are registered, applied for, or already used in Canada. We also read your name in English and French.
2
Our Team Files Directly
Our team files directly with CIPO. We group your goods and services by Nice class, in the specific terms CIPO asks for.
3
CIPO Examines the Application
An examiner checks the trademark against the Trademarks Act. If CIPO sends an examiner's report, there are six months to reply.
4
Advertisement, Then Registration
An approved application is advertised in the Trademarks Journal, and anyone can oppose it within two months. With no opposition, CIPO issues the certificate of registration.
What is different here
Six Facts About Filing in Canada
No Proof of Use to Register
Since June 17, 2019, CIPO registers a trademark without a declaration of use. You can file for a trademark you use or plan to use in Canada.
Earlier Use in Canada Still Counts
The right to register goes to the earlier date: the filing date or the first use in Canada. An earlier user can oppose a later application on that basis.
Read in English and French
The Trademarks Act excludes a trademark that clearly describes the goods or services in English or in French. The name of the goods or services in any language is excluded too.
A Fee for Every Class
CIPO uses the Nice Classification and charges a government fee for each class. Application and renewal fees are adjusted every January 1, and the fee in force on the day CIPO receives payment applies.
Filing From Outside Canada
CIPO does not require an owner outside Canada to appoint a trademark agent. Our team files directly with CIPO for owners in any country.
Use Matters After Registration
Once a registration is three years old, anyone can ask CIPO to require proof of use in Canada. A court claim made in the first three years also depends on use in Canada.
Timeline
What Happens, and When
The usual path, with no objection and no opposition.
Before filing
Clearance Search
We search for earlier trademarks in Canada and read your name in English and French.
Day 1
Filed at CIPO
Our team files directly with CIPO, which assigns a filing date and an application number.
Months 8 to 14
Examination
CIPO forecasts about 8 months to examination, and its service standard is a first action within 14 months.
Months 11 to 17
Registered
After advertisement and two months with no opposition, CIPO issues the certificate of registration.
Every 10 years
Renewal and Use
Renewal opens six months before the term ends, and CIPO can ask for proof of use after year three.
What it costs
Government Fees at CIPO
Step
Government fee
Note
Application, first class
CAD 491.06
Filed online. CAD 499.41 from January 1, 2027.
Each further class
CAD 149.04
CAD 151.57 from January 1, 2027.
Renewal, first class
CAD 595.06
Filed online. CAD 605.18 from January 1, 2027.
Renewal, each further class
CAD 185.49
CAD 188.64 from January 1, 2027.
Statement of opposition
CAD 1,115.08
Paid by the party that opposes. CAD 1,134.04 from January 1, 2027.
Both dates count. Under section 16 of the Trademarks Act, the right to register goes to the owner with the earlier date: the filing date or the first use in Canada. An owner that filed abroad in the last six months can claim that earlier filing date as priority. Registration no longer needs proof of use, so you can file before launch.
Any person can file a statement of opposition within two months of advertisement, and pays CIPO CAD 1,115.08 to do so. You then have two months to file a counter statement. Both sides file evidence and written arguments before the Trademarks Opposition Board, and the application moves on if the opposition is withdrawn or is not successful.
Yes. Canada joined WIPO's Madrid System (the Madrid Protocol) on June 17, 2019, and CIPO handles the Canadian part of an international application much like a direct one. On the WIPO route you pay WIPO's fees in Swiss francs, including a fee for Canada. On the direct route you pay CIPO's government fee in Canadian dollars.
A registration lasts 10 years from the registration date. You can pay the renewal fee from six months before that term ends until six months after it, at the same fee. If CIPO's renewal notice comes late, the period runs until two months after the notice. CIPO adjusts the renewal fee every January 1, and the fee in force on the day it receives payment applies.
