How to Trademark a Business Name in Canada

Trademarking a Business Name in Canada 

Suppose you've recently started a business, or your business is suddenly becoming much more popular than it was before. We would first want to ensure that you have the right business insurance coverage. You also may consider registering your business name as a trademark. Branding is paramount in today's business environment, and a trademark is the best way to protect your brand identity against other companies that could, inadvertently or otherwise, benefit from your success.  

You may be wondering how to trademark a business name in Canada. In truth, it's not a simple process, but the benefits are worth it. Here are the steps you need to take to trademark a business name, along with the answers to common questions about filing a trademark application in Canada.  

What Is a Trademark? 

A trademark is essentially a legal symbol that identifies your brand as a unique provider of your goods and/or services and gives you the exclusive right to use the trademarked content. It serves to both increase brand recognition and trust among consumers and give you legal recourse if someone else does try to use your trademarked business name. Trademarks can also be applied to almost anything that is used to identify your business, goods or services, including logos, product names, images, slogans and much more, as long as it's unique and specific to your brand to show the proof of ownership. 

8 Steps to Trademark a Business Name in Canada 

Before you can get the legal protection and benefits that come with a registered trademark, you need to clearly understand the application process for trademarking a business name in Canada. Here are the basic steps business owners need to follow to get through the trademark registration process:  

1. Decide If You Need a Trademark

First, consider whether a trademark is the right move. Trademarking a business is not a legal requirement. In most cases, it is, but if you aren't using the business name (or other content) and you don't have specific plans to use it in the near future, it may make more sense to wait until you have concrete plans for the trademarked name.  

2. Do Your Research

Before you start on your application to trademark a business name, you need to do some careful research to ensure the business name you're interested in is not already used by another company or individual. Do a comprehensive trademark search on the Canadian Trademarks Database, looking not just for the exact business name you want but also any very similar names. If you try to register a trademark for a name that is the same or similar to an existing business name, your application will be denied, so check for as many variations as you can think of. It's also essential to search for the name and any apparent variations in English and French before officially beginning the trademark application process. Additionally, you should take the time to make sure your desired trademark doesn't contravene the Trademarks Act.  

3. Prepare Your Application

It's time to get your application ready. Be as thorough as possible and make sure all the requested information is given in detail. According to the Trademarks Guide issued by the Canadian Intellectual Property Office (CIPO), a complete application to trademark a business name in Canada will include the following:  

• Name and mailing address of the applicant  
• A representation or description, or both, of the trademark  
• Statement in specific and ordinary commercial terms of the goods and services associated with the trademark  
• Statement of goods and services grouped according to the Nice Classification  
• Application fee  
• Any other requirements specific to the type of trademark sought to be registered 

4. File Your Application

Once all the information has been gathered and double-checked, you can file your application to trademark a business name in Canada. You can file the application and pay the application fee online or send it in by mail.  

5. Amend Your Application (If Necessary)

The Canadian Intellectual Property Office will examine your application and issue an examination report. If they discover any missing or unclear information, they will request in the examination report that you amend your application before it can proceed any further. Amendments can be submitted online, provided you have filed a trademark or application and have a CIPO filing receipt. It is also possible to file amendments over the phone, and a trademark examiner may call you or your agent on the phone to request verbal permission to amend your application or to request an amended trademark application. Please note that your application could be labelled as abandoned if you do not respond to an examiner's report. In that case, the Registrar will attempt to contact you again and give you a specific time frame for correcting the problem. If you do not do so within the given time frame, the application will be closed, and you'll have to go through the entire trademarking process again from the start.  

6. Undergo Publication and Review

After any necessary amendments are taken care of and the CIPO has accepted your application, it will be published in the Trademarks Journal for public review. This weekly publication lists all the approved applications, along with detailed information about them, to allow interested parties to object to your application before your trademark is registered if they feel it infringes on their rights in some way.  

7. Deal With Opposition Proceedings (If Necessary)

If someone files a statement of opposition to your trademark or requests additional time to file a statement of opposition, you will have to enter into opposition proceedings. This is a complex process, similar to court proceedings, that can continue for a significant amount of time. It involves filing and cross-examining the other party's evidence, and you will be required to appear at an oral hearing. After the decision is made, either party may appeal to the Federal Court of Canada.  

8. Wait for Completed Registration

If there are no statements of opposition filed, or they are resolved in your favour, your application will be registered and entered in the Register of Trademarks, and you will receive a certificate of registration to mark the completion of the process.  

Should I Hire a Trademark Agent to Help With My Application? 

It's highly recommended that you hire a qualified trademark agent to help you through trademarking a business name in Canada. This is especially true for a sole proprietor who is not backed by business partners and others who can assist. As you can see from the information listed above, registering a trademark is not a simple task, and the process is not easily navigated by someone who doesn't have experience with and education in trademark law. Without a trademark agent, you could make a mistake that could cost you a lot of time and stress or even fail to get the trademark registration you want for your business. 

If you reach the publication and review phase when you're trying to trademark a business name and another party does file a statement of opposition against your trademark, and you have not already hired a trademark agent, you are strongly urged to do so before entering into the opposition proceedings. Opposition can be very complicated, and there's no one to explain all the ins and outs of what needs to be done if you don't have a trademark agent to guide you through. A layperson really can only be expected to make it through opposition proceedings with knowledge of Canadian trademark law. While getting a trademark agent at the beginning of the process is highly recommended, it's necessary for opposition proceedings unless you happen to be an intellectual property lawyer yourself or have, at the very least, attended some trademark classes.  

If you decide to go ahead with hiring a trademark agent, make sure you choose one who is licensed and registered with the Canadian Intellectual Property Office. You can search the public register for the College of Patent Agents & Trademark Agents to find a list of licensed trademark agents in your area.  

Do I Need to Trademark a Business Name If My Business Is Already Registered?  

Business registration and trademark registration are sometimes confused with each other, but they're not the same. Business registration gives you the legal right to operate your business under your chosen business name, while a trademark gives you the legal right to prevent others from using the same business name (or a very similar business name). If your business is registered, someone else can still run their business under the same name, which can cause confusion among consumers and hurt your business reputation, and you have no legal recourse to make them stop unless you have a registered trademark on that business name. It's also well worth noting that another party could register your business name as a trademark and prevent you from using it, even if your business is registered under that name.  

How Much Does It Cost to Trademark a Business Name in Canada?  

The cost to trademark a business name in Canada occasionally changes, but as of 2024, the filing fee for filing an application online is $458, and it's $597 if the application and payment are submitted through other means, such as by mail. Suppose your trademark application applies to more than a single class of goods and services. In that case, there is an additional fee of $139 for each additional class (regardless of filing method) that your application pertains to at the time of filing.  

How Long Does It Take to Trademark a Business Name in Canada?  

The entire process of trademarking a business name in Canada can take a lot longer than many people suspect, so it's good to be prepared for a wait. It also makes sense to get started as soon as you have plans to use the trademark. It can take around 15 to 18 months from the date of your submission until a trademark examiner reviews your application. At that point, amendments may be necessary, extending the overall process's length.  

It can be opposed once the trademark has been accepted and published for public review. If it's necessary to enter into opposition proceedings, that could cause a significant delay. How long that delay may take depends on too many factors to estimate a reasonable time. Assuming there is no trademark opposition, you can expect the entire process of trademarking a business name to take about 18 months to two years in total, from filing to registration completion. Keep in mind that you will likely need to do some research and work before you're ready to file your application in the first place, which can take anywhere from a few days to a few months.  

How Are Trademark Protections Enforced?  

The short answer is that trademark protections need to be actively enforced. The long answer is that the trademark owner is responsible for enforcing their own legal rights by taking legal action against violators—your trademark registration simply gives you the right to do so. If someone tried registering a trademark you already have registered, the trademark examiner would deny their application. But aside from that, no one will proactively notify you that someone else is using your trademarked business name or prevent them from doing so unless you take legal action against them to defend your trademark, so you must be vigilant and take action against trademark infringement when necessary.  

Can I Lose My Trademark If I Don't Use It?  

It is possible to lose your trademark if you don't use it. If you trademark a business name in Canada and then don't use that business name to promote your goods and/or services, it could be removed from the Register of Trademarks after some time, and you will have to go through the registration process again to recover it. You must also use the trademark exactly how you described you would use it in your application.