Trademarks in Canada are protected by the Trademarks Act (R.S.C.1985 c.T-13) and Trademarks Regulations, and in 2019, they were modernized to comply with N I C E classification, Madrid Protocol, etc. Additional amendments will come into effect on April 1, 2025, with the aim of streamlining procedures and deterring abuse. (ic.gc.ca, WIPO, stratford.group)
The Canadian Intellectual Property Office (CIPO) is in charge of administration and online procedures are recommended. (ised-isde.canada.ca)
| Item | Contents |
|---|---|
| Application fee | CA $ 478.15 (1st division), CA $ 145.12 for each additional division |
| Classification system | N I C E classification (required to group by category at the time of application) |
| Language | English or French |
| Method | 1 application can be divided into multiple categories, declaration of use is not required (after 2019) |
Please note that the application fee is revised every year in line with inflation. (ised-isde.canada.ca)
Formal examination → Substantive examination (distinctiveness, confusion with earlier application, etc.)
Average waiting time for initial examination results (assumed to be submitted in July 2025):
Pre-approved goods/services list usage: 9.5 months
Free text: 8.3 months
Madopro designation: 10.2 months (ised-isde.canada.ca)
The period for responding to a notice of reasons for refusal is normally 6 months (extension possible).
Applications are published in the Trademarks Journal and third parties have 2 months (extendable up to 4 months) to file an opposition.
The Trademarks Opposition Board (TMOB) is responsible for opposition proceedings. (WIPO, ic.gc.ca)
| Item | Contents |
|---|---|
| Registration fee | Included in application fee (no additional payment required*) |
| Duration of life | 10 years from registration date |
| Renewal fee | CA $579.42 (first category), CA $180.61 for each additional category |
| *If using MadoPro, pay the individual fee via WIPO. (ised-isde.canada.ca) |
Anyone can request cancellation of non-use (Section 45) after 3 years from registration.
If the right holder does not submit evidence of actual use within the applicable period, the registration will be canceled/limited. (ic.gc.ca, ic.gc.ca)
Canada has been a member of MadPro since June 17, 2019.
If Canada is designated, CIPO will notify the provisional refusal within 18 months (exceeding is possible if there is an objection). (WIPO, WIPO)
| Theme | Revision details | Practical impact |
|---|---|---|
| Cost award | Order to bear costs of up to CA $10,400 for unreasonable delays and malicious applications | Increased risk of abuse of process |
| Confidentiality order | Establishment of a new system that allows evidence to be kept private in TMOB procedures | Easy to submit confidential materials |
| Case management | TMOB will lead date adjustment, consolidation hearing, etc. | Schedule reduction |
| Certification for use in federal court | When seeking an injunction for a mark registered less than three years ago, evidence of actual use is required | Difficult to exercise rights immediately after registration |
| Restrictions on additional evidence | Permission required to submit additional evidence in federal court appeal of TMOB decision | It is important to submit sufficient evidence in the initial procedure |
| Official mark challenge | Official mark of right holder who is no longer a public institution can be canceled by CIPO | Old official mark barriers eased |
| (stratford.group, Smart & Biggar, gowlingwlg.com) |
If you select a term from the Product/Service Manual, the waiting time for review will be shortened by approximately one month. (ised-isde.canada.ca)
Prepare actual usage conditions as soon as possible, keeping bilingual display (English and French) and metric units in mind.
Even within three years of registration, cancellation for non-use and the obligation to prove use in court are two different things. Early marking and evidence preservation is recommended.
For official marks (public institution marks), prior clearance will be strengthened and the revised challenge system will also be utilized.
Prices change every year, so please check the latest list each time you get an estimate.
This is the latest overview of the Canadian trademark system. Please feel free to contact us if you have any questions or about application to individual cases.
AUTHOR
Takefumi SUGIURA （杉浦 健文）
EVORIX Intellectual Property Law Firm Managing Patent Attorney
Supports clients across IT, manufacturing, startups, fashion, and medical industries, covering patent, trademark, design, and copyright filings through trials and infringement litigation. Specialized in IP strategy for AI, IoT, Web3, and FinTech. Member of the Japan Patent Attorneys Association (JPAA), Asian Patent Attorneys Association (APAA), and Japan Trademark Association (JTA).