For practitioners handling trademark applications, registration, and enforcement in Canada, this guide focuses on the Trademarks Act, R.S.C. 1985, c. T-13) as the core, a patent attorney will systematically explain information essential for Japanese companies to protect their brands in the North American and Commonwealth markets. This includes CIPO (Canadian Intellectual Property Office) practices, government fees, major system reforms following Canada’s accession to the Madrid Protocol (2019), considerations specific to the bilingual English-French market, and the impact of Quebec’s Bill 96 (amendment to the French Language Charter).
Key Points of This Article
CANADA TRADEMARK
A comprehensive guide to the trademark system and practices in Canada, a key hub in the North American market, written by a patent attorney. This book systematically explains everything from CIPO applications to the 2019 amendments, compliance with Bill 96, and enforcement of rights in the Federal Court across 12 sections.
Canadian trademark practice is a hybrid system of British common law and statutory law, centered on the Trademarks Act (R.S.C. 1985, c. T-13), with the Trademarks Regulations, the CIPO Examination Manual (TMOM), and case law (Federal Court and Supreme Court) governing applications, examination, and disputes.The Trademarks Act was comprehensively amended on June 17, 2019, concurrent with Canada’s accession to the Madrid Protocol, thereby achieving international harmonization.
Four Key Points to Keep in Mind for Canadian Trademark Practice
The “primary law” of the Canadian trademark system is the Trademarks Act (R.S.C. 1985, c. T-13), which underwent multiple amendments leading up to a major overhaul in 2019.Core provisions include the definition of a trademark (§2), registration requirements (§§12-14), application procedures (§§30-32), oppositions (§38), cancellations (§§57-59), and criminal penalties (Criminal Code §§406-411).
CIPO (Canadian Intellectual Property Office)—an agency of the Department of Innovation, Science and Economic Development (ISED)—is responsible for trademark examination, registration, and information provision. Its headquarters are located in Gatineau (near Ottawa). Electronic filing via the e-Filing System is the standard procedure, and applications can be filed in both English and French.
| Agency | Jurisdiction and Characteristics |
|---|---|
| Trademarks Opposition Board (TMOB) | Quasi-judicial opposition and cancellation proceedings within CIPO |
| Federal Court of Canada | Has jurisdiction over all of Canada. Handles trademark infringement and cancellation lawsuits, as well as appeals of TMOB decisions |
| Provincial Superior Courts | Civil trademark infringement litigation (within the province) |
| Federal Court of Appeal | Appeals from Federal Court decisions |
| Supreme Court of Canada | Final Appeal (Supreme Court) |
Major Reforms Effective June 17, 2019
Prior to the 2019 amendments, actual use of a trademark in Canada was a prerequisite for registration. The amendments now allow registration based solely on an “intention to use.” However, non-use for three consecutive years remains a ground for cancellation, serving to prevent bad-faith applications.
In Canada, both individuals and corporations may file trademark applications. Foreign applicants must appoint a Canadian-based representative (a lawyer or trademark agent).
Simplified POA: A Power of Attorney (POA) no longer requires notarization or embassy authentication (a simplified POA is acceptable). The appointment of an agent must be explicitly stated at the time of filing.
Required Documents
Lengthening Examination Periods: Following the 2019 amendments, the time until substantive examination begins has tended to lengthen to 18–30 months due to an increase in applications and a shortage of examination resources. It is necessary to anticipate a total of 2–3 years until registration.
| Item | Fee (CAD) | Conversion to Japanese Yen |
|---|---|---|
| Application Fee (Electronic, 1 Class) | CAD 458.00 | Approx. 49,000 yen |
| Additional Class (per class) | CAD 139.00 | Approx. 14,800 yen |
| Fee for filing an objection | CAD 825.00 | Approx. 88,000 yen |
| Renewal fee (electronic, 1 class) | CAD 555.00 | Approx. 59,000 yen |
| Renewal Additional Category (per category) | CAD 173.00 | Approx. 18,400 yen |
Oppositions may be filed with the TMOB (Trademarks Opposition Board) within two months of the trademark publication. Applications for an extension of this period are also permitted.
After three years from registration, a third party may file a “Section 45 Notice.” The trademark owner is obligated to submit evidence of use in Canada within three months. The requirements are “minimal,” and providing evidence of use is relatively straightforward.
Two Options
Trademark owners can stop the importation of counterfeit goods by submitting a Request for Assistance (RFA) to CBSA. There is no registration fee, and it is valid for two years.
Quebec’s Most Important Regulation: Bill 96 (2022)
An amendment to the Charter of the French Language, to be implemented in phases starting June 1, 2025. It mandates the priority display of French text on product packaging, signs, advertisements, and websites. If a trademark is in English only, it is generally necessary for the trademark to be registered in Canada in order to utilize the “Recognized Trademark” (registered or well-known trademark) exception.
| Item | Japan | Canada |
|---|---|---|
| Application Language | Japanese | English or French |
| Representative | Patent Attorney | In-house attorney or trademark agent |
| Requirements for use | Not required at the time of registration | Abolished by the 2019 amendment |
| Term of validity | 10 years | 10 years (15 years prior to the 2019 amendment) |
| Cancellation for non-use | 3 years | 3 years (Section 45 Notice) |
| Judicial Structure | Patent Office → Intellectual Property High Court | CIPO/TMOB → Federal Court |
| French Language Support | Not required | Compliance with Quebec Bill 96 is mandatory |
The Canadian trademark system is characterized by two major features: alignment with the Madrid System following the major 2019 amendments, and the French language requirements under Quebec’s Bill 96. For Japanese companies to successfully establish their brands in the Canadian market, it is crucial to combine the strategic use of the Madrid System with direct applications, along with the deployment of French-language trademarks to comply with Bill 96, and to establish an effective system for enforcing rights in the Federal Court. Please also see our services for Madrid System international trademark applications and trademark registration.
EVORIX Intellectual Property Law Firm provides comprehensive support for trademark applications and enforcement in major North American countries, including Canada. Our patent attorneys, with extensive practical experience and working in collaboration with local agents, will assist you with everything from strategizing between Madrid Protocol and direct filings to addressing Quebec’s Bill 96 and handling infringement cases in the Federal Court.
*This article is based on the above primary sources and official information as of April 2026 and is intended to provide general information. As laws and regulations are subject to change, we recommend consulting primary sources and experts for the most up-to-date information. For specific decisions regarding individual cases, we recommend consulting experts, including local representatives.
AUTHOR / Author
Takefumi Sugiura
Representative Patent Attorney, EVORIX Intellectual Property Firm
Assists clients across a wide range of industries—including IT, manufacturing, startups, fashion, and healthcare—from patent, trademark, design, and copyright applications through to trials and infringement litigation. Also well-versed in intellectual property strategies for cutting-edge fields such as AI, IoT, Web3, and FinTech. Member of multiple organizations, including the Japan Patent Attorneys Association, the Asian Patent Attorneys Association (APAA), and the Japan Trademark Association (JTA).