What's in a name: Steps on how to trademark a name in Canada

What’s in a name, you ask? For businesses, it could mean the difference between standing out or fading into the background. In Canadian law, the right steps can help protect your cherished name, the brand you have established, and keeping it truly yours. 

In this article, we’ll discuss how to trademark a name and give your brand the spotlight it deserves. If there’s anything we haven’t covered, don’t worry – intellectual property (IP) lawyers can help. 

How do I trademark a name in Canada? 

If you have a mark, brand, or name you want to protect, then a registered trademark is for you. As one of the protected IPs in Canada, a registered trademark will give you the right to use the mark or name across the country for a period of 10 years. 

As easy as it may seem, it’s important to first learn about this process so that your business’s brand is protected for the years to come. Here’s a summary of the steps you must take if you want to trademark a name in Canada: 

1. Search for existing trademarks 
2. Prepare your application 
3. Submit the application to the Canadian Intellectual Property Office (CIPO) 
4. Period for examination and publication 
5. Registration and certification 

We’ll discuss these steps below. You can also use the table of contents above to navigate these steps. 

In any case, here’s a video from the CIPO that explains why you should register your trademark or tradename: 

Do you need help in trademarking a name that you own? Contact the best intellectual property lawyers in Canada as ranked by Lexpert. 

1. Search for existing trademarks 

Before anything else, you must check if someone else has already registered the mark or name you’re trying to register. You must look for those that are confusingly similar, or even those that may sound alike. You can do this by using the Canadian Trademarks Database with the help of a trademark agent or an IP lawyer.  

The purpose of this search is to save you great time and costs from legal actions that may arise, such as trademark infringement. It will also help you change the mark or name you want to register if it is similar to another, even before the registration process begins. 

2. Prepare your application 

When preparing your trademark application, there are certain details that you must provide: 

• personal information:  

• your name and mailing address  
• the goods or services your business offers 

• details of the trademark:  

• the trademark’s representation and/or description (e.g., in colour, using sound or moving images, depending on the trademark) 
• the goods and services your mark is associated with 
• the Nice Classification group that the goods and services using the mark or name are associated with 

The Nice Classification, managed by the World Intellectual Property Organization (WIPO), helps group goods and services when registering a trademark. This system organizes products and services into classes for trademark applications. 

Names that cannot be trademarked 

Part of your preparation to trademark a name is to know the non-registrable names under Canadian laws. As provided by the Trademarks Act, the following marks and names cannot be trademarked in Canada: 

• primarily a name or surname 
• clearly descriptive marks 
• deceptively misdescriptive marks 
• plant variety denomination 
• words indicating the geographical origin of the goods or services 
• words confusingly similar with a registered trademark or those with pending registration 
• words or designs that nearly resemble a prohibited mark 

Tips for choosing a trademark 

If you’re having a hard time creating a tradename, or if you want to change the one you’re using because it cannot be registered, here are some tips for you: 

• criteria for trademarks: based on the Trademarks Act, your mark or name should be unique and should not resemble or be confusingly similar with an existing trademark (even for the slightest hint, just to be safe) 

• consider using a made-up word: to be unique, you can:  

• create your own word or a new word  
• fuse two different words together to form a new one  
• use a word that is unrelated to the goods or services you’re selling 

Application fee for filing a trademark 

Whether you are filing for a name or a mark, the costs are the same. Below is the breakdown of what will cost you to trademark a name in Canada: 

• if the application and fees are submitted online: 

• for the first class of goods or services: $478.15 
• for each additional class of goods or services: $145.12 

• if the application and fees are submitted using other means: 

• for the first class of goods or services: $623.27 
• for each additional class of goods or services: $145.12 

The rates above are for 2025. These may increase each year. Also, there would be a renewal fee every 10 years to maintain your trademark registration. If not maintained, your trademark will be expunged by the CIPO. 

3. Submit your application to the CIPO 

You can file the application and pay the fees either online or by mail to the CIPO. Although you can start using your trademark or tradename pending registration: 

• unregistered marks or those with pending registration can use the ™ symbol 
• you can use the ® symbol only once the trademark is registered 

Applying for trademark registration abroad 

On a different note, you can also register your trademark or tradename abroad, especially if you engage in trade or business outside Canada. This is because trademarking a name with the CIPO only protects it within Canada; a separate registration must be made for it to be protected internationally. 

To register a trademark for international protection, one of your options is using the application process of the WIPO, which is based on the Madrid Protocol. Here’s a video to guide you on how to do this: 

Looking for lawyers to help you with your international trademark registration? Check out our list of the best cross-border lawyers. 

4. Period for examination and publication 

Once received, the CIPO will review your application. Once finished, or when nothing is missing, they will give you a filing date. This date is when your application for trademark registration has met all the requirements. 

On the other hand, if there are issues found in your application, the CIPO will send you a report. You will be given a period of six months to respond to the CIPO. 

The next crucial step is the advertisement and publication of your application in the Trademarks Journal by the CIPO. This will give other parties the opportunity to object to your application by filing a statement of opposition.  

5. Registration and certification 

If there is no opposition to your application, or if you overcome the opposition filed against you, the CIPO will register and trademark the name you’re applying for. They will: 

• send you a certificate of registration 
• register your trademark in the Register of Trademarks 

Legal remedy in case of denial 

However, if your application has been denied, the CIPO will give you a report explaining why. Your next recourse is to appeal the denial with the Federal Court of Canada. If you have not yet hired an intellectual property lawyer, you should consider doing so at this point. 

How long does it take to trademark a name in Canada? 

Registering your trademark, including trademarking a name, usually takes around eight to 12 months. While there’s no fixed period for this, you can use the following timelines provided by the CIPO: 

• examination of the application: around four to six months 

• advertisement with the Trademarks Journal: two months 

These timeframes are not absolute, since the process would be longer if there were oppositions filed against your application. 

How can lawyers help trademark a name in Canada? 

Contrary to popular belief, an IP lawyer can assist you not just when things go sideways, but also at every stage of registering a trademark. Here are some ways an IP lawyer can help when you trademark a name in Canada: 

• trademark search to ensure that you have a unique name 
• assist with the lengthy documentation processes, including bulky paperwork 
• represent you in CIPO if there are oppositions against your application 
• appeal the decision of the CIPO to the court if your application is denied 

Trademarking a name in Canada: Naming it and claiming it 

More than just filing a bunch of paperwork, trademarking a name in Canada is an investment for your business’s future and reputation. With the right steps and legal support, your brand can stand out and stay protected for years to come. If you are unsure about any part of the process, remember that IP lawyers can guide you through each stage, saving you time, money, and stress. 

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