Trademark Registration in Canada: Protecting Your Brand Name and Logo

Most BC business owners assume their brand was protected the day their company name was approved. It was not. A name approval from the BC Registry lets you incorporate. It does not stop a competitor in Kelowna, Calgary or Toronto from using a confusingly similar name, and it does not stop someone else from registering your brand as a trademark first.

Trademark registration in Canada is the step that turns a name or logo into an enforceable, national property right. It is a federal process, handled by the Canadian Intellectual Property Office (CIPO) under the Trademarks Act, and it works very differently from anything a business does with the BC Registry.

This guide explains what registration gives you, what can and cannot be registered, how the legal test for confusion works, what the process costs and how long it takes in 2026, and how a BC business enforces its rights when someone copies its brand.

Does Registering Your Business Name in BC Protect Your Brand?

No. This is the most common and most costly misunderstanding we see.

When you incorporate under the Business Corporations Act (BC), or file a registration statement for a sole proprietorship or partnership under the Partnership Act (BC), the BC Registry checks your proposed name against other BC names. That process exists so the public can identify who they are dealing with. It is not a trademark examination.

A BC name approval or business name registration:

• does not give you an exclusive right to use the name as a brand
• does not extend outside British Columbia
• does not prevent another business from registering a confusing trademark with CIPO
• is not a defence if your use of the name infringes someone else's registered trademark

The same is true of a domain name or a social media handle. Each is useful, but none is a trademark right.

Trademark Law Is Federal: What That Means for BC Businesses

Trademarks in Canada are governed by the federal Trademarks Act. There is no separate British Columbia trademark registry, and the same registration rules apply in BC as in every other province.

That has three practical consequences for a BC business:

• One national right. Under section 19 of the Trademarks Act, a valid registration gives the owner the exclusive right to use the mark throughout Canada for the registered goods or services.
• A federal process. Applications are filed with CIPO, oppositions and non-use proceedings are decided by the Trademarks Opposition Board, and appeals go to the Federal Court.
• Two possible courts for enforcement. Infringement claims can be brought in the Federal Court or in the Supreme Court of British Columbia. Some remedies, such as striking a registration from the register, belong only to the Federal Court.

BC law still matters. Common law claims for passing off are decided under BC law in the BC Supreme Court, and the BC Limitation Act can govern how long you have to bring them.

What Does Trademark Registration in Canada Actually Give You?

You can acquire some rights in a brand simply by using it. Those unregistered, or "common law", rights are real. But they are narrow, and they are hard to prove.

Registered rights

A registered trademark gives you:

• A national exclusive right for the registered goods and services, even in parts of Canada where you do not yet trade (s. 19)
• A statutory infringement claim against anyone who sells, distributes or advertises goods or services in association with a confusing mark or trade name (s. 20)
• Protection against depreciation of goodwill, where another person uses your registered mark in a way likely to diminish its value (s. 22)
• A blocking effect at CIPO, because examiners will generally refuse later applications for confusing marks
• Border measures, including court orders directing detention of infringing imports (s. 53.1)
• A transferable, licensable asset that buyers, lenders and investors can see on a public register

Unregistered rights

Without registration, a business generally has to rely on passing off. That requires proving goodwill in the specific area where the dispute arises. A Vancouver restaurant with a strong local reputation may have no practical remedy against a business using the same name in Halifax.

A Quebec point for BC businesses selling nationally

If you sell into Quebec, registration has an additional effect. Since June 1, 2025, amendments under Quebec's Charter of the French Language have narrowed the exception that allows a non-French trademark to appear on products and signage without translation, tying it more closely to marks registered in Canada. The rules are detailed and depend on Quebec law, so a BC business planning to sell in Quebec should get advice on them before launch.

What Can You Register as a Trademark?

The Trademarks Act defines a "sign" broadly. It includes words, personal names, designs, letters, numerals, colours, three-dimensional shapes, holograms, moving images, sounds, scents, tastes, textures and the positioning of a sign (s. 2).

For most businesses, the choice comes down to two filings.

Word mark or logo?

• A word mark protects the name itself, in any font, colour or style. It is usually the broader and more valuable right.
• A design mark protects the logo as it appears. If you later redesign the logo, the registration may no longer match what you use.

Where budget allows, many businesses file both. Where it does not, the word mark usually comes first.

Non-traditional marks

Colours, shapes, sounds and similar signs can be registered, but they are harder. The Registrar may require evidence that the sign actually distinguishes your goods or services in the market. A sign whose features are dictated primarily by a utilitarian function is not registrable at all (s. 12(2)).

Is Your Brand Registrable? The Legal Test Under Section 12

Section 12(1) of the Trademarks Act sets out the main grounds on which a mark cannot be registered. The ones that affect most businesses are:

• Names and surnames. A word that is primarily merely the name or surname of a living individual, or one who died within the preceding 30 years (s. 12(1)(a)).
• Clearly descriptive or deceptively misdescriptive marks. Whether written, depicted or sounded, a mark that clearly describes the character or quality of the goods or services, the conditions or persons involved in producing them, or their place of origin, in English or French (s. 12(1)(b)).
• Generic names. The name, in any language, of the goods or services themselves (s. 12(1)(c)).
• Confusion with a registered mark (s. 12(1)(d)).

There is an important exception. A name or descriptive mark can still be registered if it had become distinctive by the filing date, having regard to all the circumstances, including how long it has been used (s. 12(3)). That usually requires substantial evidence of use and recognition.

The distinctiveness spectrum

In practice, examiners and courts treat marks along a spectrum:

• Invented words are the strongest and easiest to register and enforce.
• Arbitrary words, real words with no connection to the product, are also strong.
• Suggestive marks, which hint at a quality without describing it, can usually be registered but may be weaker to enforce.
• Descriptive marks face refusal unless acquired distinctiveness can be proven.

The marketing preference for a name that "says what we do" often pulls directly against registrability. That tension is best resolved before the brand launches, not after.

How Is Trademark Confusion Assessed in Canada?

Confusion is the central question in examination, opposition and infringement. Under section 6(2), a mark is confusing with another if using both in the same area would be likely to lead to the inference that the goods or services come from the same source, whether or not they fall in the same class of the Nice Classification.

Section 6(5) directs the Registrar and the courts to consider all the surrounding circumstances, including:

1. the inherent distinctiveness of the marks and the extent to which they have become known
2. the length of time each has been in use
3. the nature of the goods, services or business
4. the nature of the trade
5. the degree of resemblance in appearance, sound or ideas suggested

The Supreme Court of Canada has said the question is assessed from the perspective of the casual consumer somewhat in a hurry, on first impression (Mattel, Inc. v. 3894207 Canada Inc., 2006 SCC 22; Veuve Clicquot Ponsardin v. Boutiques Cliquot Ltée, 2006 SCC 23). In Masterpiece Inc. v. Alavida Lifestyles Inc., 2011 SCC 27, the Court emphasized that resemblance is often the factor most likely to decide the analysis, and that it is often sensible to consider it first.

Two practical points follow. First, identical class numbers do not decide the question either way. Second, adding a design element or changing one letter rarely avoids confusion if the dominant, most striking part of the mark is the same.

How Do You Register a Trademark in Canada? The CIPO Process

Step 1: Search before you file

A proper clearance search covers the CIPO register, pending applications, BC and other provincial business name records, domain names and actual marketplace use. Unregistered prior users can still oppose your application under section 16 if they used a confusing mark first.

Step 2: Prepare and file the CIPO trademark application

The application identifies the applicant, the mark and the specific goods and services, grouped by Nice class. Precision matters. Broad or vague descriptions draw objections, and you cannot add new goods or services to a pending application beyond its original scope.

Since June 17, 2019, you do not need to have used the mark before filing or before registration. Entitlement is generally determined as of the earlier of your filing date and your date of first use in Canada (s. 16(1)).

Step 3: Pay the government fees

For 2026, CIPO's online filing fee is $491.06 for the first class of goods or services, plus $149.04 for each additional class. Paper filings cost more. Fees are adjusted annually, and professional fees for searching, drafting and responding to objections are separate.

Step 4: Examination

CIPO has substantially reduced its examination backlog. Its forecast for applications filed in spring 2026 was roughly seven to eight months to first examination, compared with waits of several years in 2023 and 2024. CIPO ended its accelerated examination stream in 2025, so most applications now join a single queue.

The examiner may issue a report raising objections, such as descriptiveness, confusion with an existing mark or an unclear statement of goods and services. A well-reasoned response, an amendment or evidence of acquired distinctiveness can often resolve them.

Step 5: Advertisement and opposition

Once approved, the application is advertised in the Trademarks Journal. Any person may then file a statement of opposition, generally within two months of advertisement (s. 38). Grounds include non-registrability, prior entitlement, lack of distinctiveness and bad faith in filing the application.

Step 6: Registration and renewal

If there is no opposition, or the applicant succeeds, the Registrar registers the mark (s. 40). A registration lasts 10 years and can be renewed for further 10-year periods (s. 46). In 2026, online renewal costs $595.06 for the first class and $185.49 for each additional class.

An unopposed application that draws no objections can now reach registration within roughly a year of filing. Objections or an opposition can extend that considerably.

"Use It or Lose It": Bad Faith and Non-Use

Removing the use requirement for registration in 2019 did not remove the importance of use. Several provisions work together to discourage registering marks you have no real plan to use.

• Bad faith. A registration is invalid if the application was filed in bad faith (s. 18(1)(e)), and bad faith is a ground of opposition. Filing a competitor's or a former partner's brand to block them is a high-risk strategy.
• Section 45 non-use proceedings. After three years from registration, anyone can pay a fee and ask the Registrar to require the owner to show use in Canada during the preceding three years. Goods or services without use, and without special circumstances excusing it, are liable to be removed (s. 45). The Registrar may also start these proceedings on its own initiative.
• Enforcement in the first three years. Since April 1, 2025, an owner who sues for infringement or depreciation of goodwill within three years of registration is not entitled to relief unless the mark was used in Canada during that period, or special circumstances excuse the non-use (s. 53.2(1.1)).

The 2025 amendments also gave the Registrar power to award costs in opposition and section 45 proceedings (ss. 38.1 and 45(4.1)). Costs are limited to exceptional circumstances, such as unreasonable conduct causing undue delay or expense, but they add a new consequence to tactical filings.

Who Should Own Your Trademark?

Ownership is where many BC businesses create problems they discover only during a sale, a financing or a falling-out between founders.

• Register in the right name. If the business operates through a company, the company, or a related IP holding company, should usually own the mark. A founder who registers the brand personally can create a dispute when they leave.
• Secure the logo copyright. A logo is often an artistic work under the federal Copyright Act. A freelance designer may own the copyright unless it is assigned, and an assignment of copyright must be in writing and signed (s. 13(4)). Ask for a written moral rights waiver as well.
• Control your licensees. Under section 50 of the Trademarks Act, use by a licensee counts as use by the owner only if the owner controls the character or quality of the goods or services. Franchisees, distributors and related companies should be covered by written licences with real quality control.
• Keep the paper trail. Assignments, licences and board approvals belong in the company's records, and transfers should be recorded with CIPO.

How Do You Enforce a Trademark in British Columbia?

Start with the evidence and a measured demand

Most disputes begin with a demand letter, and many end there. Before sending one, confirm your own registration, your evidence of use and the other party's history. An aggressive letter based on a weak or unused registration can invite a section 45 proceeding or an expungement application in response.

Trademark infringement in BC: which court?

The Trademarks Act allows claims for infringement and other relief to be brought in the Federal Court or in the superior court of a province (ss. 52, 53.2 and 55). For a BC business, that means a choice between the Federal Court and the Supreme Court of British Columbia, which proceeds under the Supreme Court Civil Rules.

The choice matters:

• The Federal Court has exclusive original jurisdiction to strike out or amend an entry on the register (s. 57), and its orders run throughout Canada.
• The BC Supreme Court can hear statutory infringement claims together with BC-law claims such as breach of contract, breach of confidence or claims against former employees and partners, in one proceeding.

Available remedies include injunctions, damages or an accounting of profits, punitive damages and the destruction of offending goods and materials (s. 53.2(1)). Interlocutory injunctions are assessed under the three-part test from RJR-MacDonald Inc. v. Canada (Attorney General), [1994] 1 SCR 311: a serious question to be tried, irreparable harm, and the balance of convenience.

Passing off in BC

Where a mark is not registered, or a claim goes beyond the registration, the main tool is passing off. It exists both at common law and in statutory form under section 7(b) of the Trademarks Act. The Supreme Court of Canada has identified three elements: goodwill, a misrepresentation that creates confusion in the public, and actual or potential damage (Ciba-Geigy Canada Ltd. v. Apotex Inc., [1992] 3 SCR 120; Kirkbi AG v. Ritvik Holdings Inc., 2005 SCC 65).

Proving goodwill is the hard part. It requires evidence of reputation among actual customers in the relevant area, which is exactly the burden a registration removes.

Timing

Common law claims brought in the BC Supreme Court are generally subject to the two-year basic limitation period in the BC Limitation Act, running from discovery. The limitation analysis for statutory Trademarks Act claims is more complex. It can depend on where the cause of action arose and on whether the infringement is continuing. Opposition deadlines at CIPO are measured in weeks. In every case, delay can also weaken a request for an injunction.

Expanding Beyond BC and Canada

A Canadian registration protects you in Canada only. If you plan to sell abroad, Canada has been part of the Madrid Protocol since June 17, 2019, which allows a single international application, based on a Canadian application or registration, to designate many other member countries. Each designated country then examines the mark under its own law.

Domain names follow their own rules. Disputes over .ca domain names are generally resolved under the Canadian Internet Registration Authority's dispute resolution policy, where a registered trademark is strong evidence of rights.

A Practical Trademark Checklist for BC Businesses

1. Clear the brand before launch. Search the register, the marketplace and domain names before you commit to signage, packaging or a website.
2. Choose for strength. Favour invented, arbitrary or suggestive names over descriptive ones.
3. File the word mark first, and the logo when it is settled.
4. Draft the goods and services carefully, covering current offerings and realistic near-term expansion.
5. Register in the operating company or IP holding company, not an individual founder.
6. Get written assignments from designers, agencies and founders who created brand assets.
7. Use the mark consistently, and keep dated evidence of use for each registered good and service.
8. Diarize renewals and the three-year mark, when section 45 and the enforcement restriction become relevant.
9. Watch the register for confusing applications so you can oppose within the deadline.

Frequently Asked Questions

Do I need to register a trademark to have rights in Canada?

No, but unregistered rights are limited. Without registration, you generally rely on passing off and must prove goodwill in the area where the dispute arises. A registration gives a national exclusive right for the registered goods and services under section 19 of the Trademarks Act.

Does my BC company name or business name registration protect my brand?

No. BC Registry name approval allows you to incorporate or register a business name. It does not give you trademark rights, does not extend beyond BC, and does not prevent someone else from registering a confusing trademark with CIPO.

How long does trademark registration in Canada take, and what does it cost?

CIPO's forecast for applications filed in 2026 was about seven to eight months to first examination. An unopposed application without objections can be registered within about a year. Government fees in 2026 are $491.06 online for the first class and $149.04 for each additional class, plus professional fees.

Can I register my business name and logo in one application?

You can file a single application for a logo that includes your name, but that registration protects the combination as shown. A separate word mark application protects the name regardless of style. Many businesses file both.

What if someone has already registered a name similar to mine?

The answer depends on the strength of each mark, the goods and services, the history of use and whether the other registration is being used. Options can include coexistence agreements, a section 45 non-use proceeding, opposition or an expungement application in the Federal Court. It is worth getting advice before you rebrand or respond to a demand letter.

Do I have to use the ® symbol?

Canadian law does not require you to mark a registered trademark. Using ® on a mark that is not registered in Canada can mislead the public and is best avoided. The ™ symbol may be used with unregistered marks.

The Bottom Line

Trademark registration in Canada is one of the least expensive ways to protect one of a business's most valuable assets. The cost of clearing and registering a brand is modest compared with the cost of rebranding after a dispute, or of proving goodwill in court without a registration.

The businesses that run into difficulty are rarely the ones that registered too early. They are the ones that assumed their BC company name was enough, chose a descriptive brand that could not be protected, or left ownership with a founder or designer.

If you are launching a brand, planning to expand outside BC, or dealing with a competitor using a similar name, speak with our Tech law team about clearing, registering and enforcing your trademarks.

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_{This article is intended for general informational purposes only and does not constitute legal advice. It does not create a solicitor-client relationship. Commercial leasing disputes are highly fact-specific, and the law may have changed since publication. You should consult a qualified BC commercial real estate lawyer before taking any steps to assign, sublet, or otherwise transfer your commercial lease.}