How To Registered A Trademark In Canada

5 Steps to Register Your Trademark in Canada

Steps to Register a Trademark in Canada:

Choose a strong mark
Hire a trademark attorney
Complete a comprehensive trademark search
File your application
Respond to CIPO requests

Many US trademark owners see the benefit of Canadian trademark registration. With its close proximity and millions of potential customers, it may make sense to begin your international trademark registration in Canada. While the process to register internationally may seem overwhelming at first, it's not as challenging as you may think. Follow these 5 steps to register your trademark in Canada:

Choose a Strong Mark

A trademark is something that represents your brand. In Canada, business names, logos, slogans, and even color schemes can all be registered trademarks. A trademark's strength is determined by its distinctiveness. The stronger the trademark, the easier it is to enforce its exclusive use. Trademarks can be divided into different categories based on their distinctiveness:

Descriptive and generic words simply describe the goods or services being offered. CIPO and other trademark offices around the world will not typically approve this type of mark, because it is so commonly used, it would be hard to enforce exclusive rights. An example of this would be a salon called Hair Cuts.
Suggestive marks give a hint of the products or services being offered, without explicitly stating them. Burger King is a well-known example of a suggestive mark. While these are slightly stronger than descriptive or generic marks, it may be challenging to prevent similar marks from being registered.
Arbitrary marks are familiar words that have no relation to the goods or services being offered. Amazon and Apple are examples of this type of mark. Arbitrary marks are considered strong, but often need additional marketing to educate consumers about what type of business it is.
Fanciful marks are the strongest type of trademark. These are invented words with no connection to the product or service offered. Both Kodak and Pepsi are considered fanciful marks. Much like arbitrary marks, these trademarks are considered very strong but may require additional efforts to educate the public about what is being offered.

Hire a Trademark Attorney

Do you need assistance with a trademark matter?

Josh Gerben, Esq. is the founder and principal of Gerben Law Firm. In 2008, Mr. Gerben started the firm to provide high-quality trademark services at reasonable prices. Today, he is recognized by the World Trademark Review as a top trademark filer, having registered over 6,500 trademarks. The contents of this blog are for informational purposes only and may not be relied on as legal advice.