Brand protection has never been more commercially urgent for Canadian businesses. According to the Canadian Intellectual Property Office (CIPO), 68,672 trademark applications were filed in 2024. Over the past decade, non-resident filings in Canada have surged by approximately 48%, while resident filings have grown by only 4%. The result is a Canadian trademark registry increasingly dominated by foreign entities—led by the United States and China—accounting for 68% of all new applications. This landscape creates a high-risk environment for unprotected Canadian brands, which face increased threats of conflict, confusion, and displacement by international competitors. At DOBRMAN, we help technology companies, creative businesses, startups, and entrepreneurs across Canada build trademark portfolios designed to secure and scale their commercial value.
What Is a Trademark? A trademark is a sign or combination of signs — including words, designs, logos, slogans, colours, and sounds — that distinguishes the goods or services of one business from those of others. Common trademarks for Canadian business includes trademarking your business name, product name, and slogans.
Registration vs. Common Law Rights: Trademark rights in Canada can arise through use alone, without registration. However, a registered trademark provides significantly stronger legal protection — including nationwide priority from the filing date, a public record of ownership, and the right to use the ® symbol. Suing for trademark infringement is only available to holders of registered trademarks. Unregistered trademarks offer more limited protection and can be more difficult to enforce.
Trademark Confusion: The central concept in Canadian trademark law is confusion — whether the use of one trademark would likely lead consumers to believe that the associated goods or services come from the same source as another trademark. The likelihood of confusion analysis is the foundation of trademark searches, opposition proceedings, and infringement claims.
Trademarks Must Be Distinct. For a trademark to be registrable in Canada, it must be distinctive — meaning it must distinguish the applicant’s goods or services from those of others. In other words, the brand must point to you.
Trademarks Act, RSC 1985, c T-13 — Canada’s primary federal legislation governing the registration, protection, and enforcement of trademarks.
Trademarks Regulations, SOR/2018-227 — The regulations governing procedure and practice before the Canadian Intellectual Property Office (CIPO) in trademark matters.
Federal Courts Act, RSC 1985, c F-7 — Governs the jurisdiction of the Federal Court of Canada, which has exclusive jurisdiction over certain trademark matters including expungement and impeachment proceedings.
Competition Act, RSC 1985, c C-34 — Contains provisions relevant to deceptive marketing practices and misleading use of trademarks or trade names in commerce.
Trademark Searches Are Crucial: A trademark search should be conducted before adopting a new brand name, logo, or slogan. Launching a brand without a proper trademark search is one of the most common and costly mistakes businesses make in Canada. A trademark search can highlight early red flags with a new brand or proposed trademark application that can save you thousands in litigation costs and rebranding costs.
Common Trademark Objections. When a trademark application is filed with CIPO, an examiner reviews it for compliance with the Trademarks Act, Trademark Regulations, and Examination Manual. Common objections raised by examiners include that the mark is confusingly similar to an existing registered trademark, that the mark is describes the associated goods or services, or that the mark is an ordinary commercial term or otherwise generic. When an examiner’s report is issued, the applicant must overcome the objections or risk abandoning their application.
Trademark Opposition Proceedings. Once a trademark application is approved and advertised, any person may oppose its registration before the Trademarks Opposition Board. Trademark opposition proceedings are a formal legal process with defined timelines, evidentiary requirements, and procedural rules that both applicants and opponents must navigate carefully.
Trademark Infringement. When a third party uses a trademark that is confusingly similar to a registered mark — without authorization — the trademark owner may have grounds for an infringement claim. Trademark infringement proceedings in Canada can be brought in the Federal Court of Canada or provincial superior courts, depending on the relief sought.
Unauthorized Use and Passing Off. Even without a registered trademark, a business may have rights under the common law tort of passing off — which protects against the misrepresentation of goods or services in a way that causes confusion and damages another business’s goodwill.
What does a trademark lawyer do? A trademark lawyer assists businesses and brand creators with the registration, protection, and enforcement of their trademarks in Canada and internationally. A trademark lawyer conducts trademark searches to assess the registrability of a proposed mark, prepares and files trademark applications with the Canadian Intellectual Property Office (CIPO), responds to examiner objections, represents clients in opposition proceedings, and advises on trademark licensing and infringement matters. At DOBRMAN, our trademark practice is focused on helping businesses in Alberta and across Canada build and protect trademark portfolios that support their long-term commercial goals.
How long does it take to register a trademark in Canada? The trademark registration process in Canada typically takes between 10 to 20 months from the date of filing, though timelines can vary depending on whether the application is examined without objection, receives an examiner’s report, or is opposed by a third party.
What can be registered as a trademark in Canada? A wide range of signs can be registered as trademarks in Canada, including words, designs, logos, slogans, colours, sounds, scents, three-dimensional shapes, and holograms — provided they are distinctive and meet the requirements of the Trademarks Act. The registrability of any particular mark depends on the specific circumstances and the goods or services with which it is associated.
What is the difference between ™ and ®? The ™ symbol can be used in connection with any trademark, whether or not it is registered. The ® symbol may only be used in Canada in connection with a trademark that has been officially registered with CIPO. Using ® in connection with an unregistered trademark is not permitted under Canadian trademark law.
Does DOBRMAN handle trademark matters outside of Alberta? Yes. Trademark law in Canada is federal, meaning DOBRMAN assists clients with trademark searches, applications, and enforcement matters across Canada, before CIPO, the Trademarks Opposition Board, and the Federal Court of Canada.
This information is for education and entertainment purposes only. It is not intended to be legal, business, or other professional advice to be relied on. Do not make or refrain from any decisions on the basis of this information. Please contact us to receive advice from a qualified lawyer. View our Terms of Service for more information.