Canada Trademark Registration
Canada is examined by CIPO and typically completes in 11-18 months because of the queue, with a ten-year term. You do not need evidence of use to register, but three consecutive years of non-use after registration exposes the mark to expungement, and vague goods descriptions are the most common cause of delay.
Long queue, obligations pushed later
Canada does not require a use basis at filing, which makes entry easy and the wait long. Examination covers distinctiveness and confusion, and CIPO expects goods and services described specifically - broad class-wide wording is met with a requirement to amend, and that single exchange often adds months.
Where timing matters, acceleration can be assessed against the published conditions rather than assumed unavailable.
Route comparison
Both routes reach the same register; Madrid adds a translation of your home filing rather than a fresh examination strategy.
| Route | Coverage | Typical timeline | Watch for |
|---|---|---|---|
| National filing at CIPO | Canada only | 11-18 months | Goods must be itemised, not class-wide |
| Madrid designation of Canada | As designated | 18 months or more | Local practice still requires specific goods wording |
Official fees follow the current schedule of the CIPO; our service fee is quoted by class and case complexity.
Use obligations after registration
Although use evidence is not needed to register, a mark that has not been used in Canada for three consecutive years after the fourth anniversary of registration can be attacked. Token use, or invoicing that does not reflect real market presence, generally will not hold.
Renewal is due at ten years with a six-month grace period. Sound and colour marks are accepted but carry a heavier distinctiveness burden, and French-language considerations matter for Quebec-facing packaging.
- Write the goods list specifically before filing - it is the cheapest schedule saving.
- Keep Canadian sales and advertising records from launch, not from when a dispute appears.
- Assess the French form of the brand alongside the English one.
Timeline and where it slips
Most of the elapsed time is queue, not your paperwork.
The controllable parts are the specificity of the goods list and how quickly you respond to examiner opinions.
| Stage | Typical duration | Who acts | Where it slips |
|---|---|---|---|
| Search | About 1 week | We run the search | French equivalents and meanings unchecked |
| Filing and receipt | About 1 week | CIPO | Class-wide goods wording |
| Examination queue | About 6-12 months | CIPO | Acceleration not assessed |
| Objection and publication | About 2-4 months | Agent drafts reply | Opposition window unmonitored |
| Registration and upkeep | On allowance | CIPO | Use evidence missing after three years |
How we work
CIPO register and earlier use
Item by item, not by class
Submitted once documents are confirmed
Arguments within the stated window
Monitor for opposition
Evidence file, renew on time
What you need to prepare
- Applicant identity documents
- Reproduction of the mark and how it is used
- Specific list of goods and services
- Supporting material if acceleration is sought
- Canadian use evidence, for later defence
Frequently asked questions
Why does Canada take so long?
Mostly the examination queue rather than the legal threshold. Narrowing the goods list to specific items before filing removes the most common source of additional rounds.
Do I have to prove use to register?
No. But three consecutive years of non-use after registration exposes the mark to expungement, so keep genuine Canadian sales records.
Can examination be accelerated?
In defined circumstances an acceleration request can be made through the agent. Whether it fits depends on the case, not on preference.
Do I need separate filings for the US and Canada?
Yes. Rights are national and the two systems differ: the US requires use evidence, Canada does not at registration but polices use later.
Want an assessment first?
Tell us the product and target marketplaces and we will give you a registrability opinion, a realistic timeline and a cost breakdown. Files can be submitted within 48 hours of confirmation.
