Trademarking a name in Canada is an important step for businesses and individuals seeking to protect their brand identity. A registered trademark grants the owner exclusive rights to use the name in relation to specific goods or services, helping to prevent unauthorized use by others.
Understanding the costs involved in trademark registration is crucial before starting the application process. This guide breaks down the various fees, explains the different stages of trademark registration, and highlights additional factors that may influence the total cost.
What Is a Trademark?
A trademark is a symbol, word, phrase, design, or combination thereof that identifies and distinguishes the source of goods or services. In Canada, trademarks are governed by the Trademarks Act and administered by the Canadian Intellectual Property Office (CIPO).
Registering a trademark for your business name or product name legally protects it from being used by competitors, and it can add significant value to your brand over time.
Steps to Register a Trademark Name in Canada
The trademark registration process involves several key steps:
- Trademark Search: Check if the name is already registered or in use.
- Application Filing: Submit your trademark application to CIPO.
- Examination: CIPO reviews your application to ensure it meets legal requirements.
- Advertisement: The trademark is published in the Trademarks Journal for opposition.
- Registration: If no opposition is filed or resolved, the trademark is registered.
Cost Breakdown for Trademarking a Name in Canada
The fees associated with trademarking a name in Canada come from government filing fees and potentially third-party expenses such as legal or agent fees. Here is a detailed breakdown of the main costs:
| Fee Type | Description | Cost (CAD) |
|---|---|---|
| Application Filing Fee | Fee paid to CIPO when submitting the trademark application. | $347.35 per class* |
| Additional Class Fee | For each additional class of goods or services beyond the first. | $105.87 per class |
| Trademark Search | Optional but recommended; performed to identify conflicting trademarks. | $0 – $500+ (varies by provider) |
| Legal or Agent Fees | Fees for professional assistance with application preparation and prosecution. | $500 – $2,000+ |
| Maintenance Fees | Fees payable every 10 years to maintain registration. | $200 – $300 |
*Note: The application fee includes one class of goods or services. Additional classes require extra fees.
Why Are There Multiple Classes?
Trademarks are registered according to specific categories known as classes, which correspond to different types of goods or services. If your trademark covers more than one class, you must pay additional fees for each class.
For example, if you want to register a trademark for both clothing and cosmetics, these belong to separate classes, and fees apply to each.
Trademark Search: An Essential Step
Before applying, it is highly advisable to conduct a comprehensive trademark search. This process helps identify if similar or identical trademarks already exist, which could result in refusal or opposition.
You can perform a basic search for free using CIPO’s Canadian Trademarks Database. However, professional trademark search firms offer more thorough searches, including common law and unregistered uses, which may cost anywhere from $200 to $500 or more.
“A thorough trademark search can save you thousands in legal fees and prevent costly refusals or oppositions.” – Canadian Intellectual Property Office
Filing the Trademark Application
The application can be submitted online via the CIPO website. The online process is generally faster and more cost-effective than paper filing.
Key information required includes:
- Applicant’s details (individual or business)
- The trademark name or logo
- Specification of goods and services with applicable classes
- Declaration of use or intent to use
Application fees must be paid at the time of submission. The cost is $347.35 per class, and each additional class costs $105.87.
Example Cost Calculation
| Scenario | Number of Classes | Total Government Fees |
|---|---|---|
| Single class application | 1 | $347.35 |
| Two classes application | 2 | $347.35 + $105.87 = $453.22 |
| Three classes application | 3 | $347.35 + (2 × $105.87) = $559.09 |
Legal and Agent Fees
Many applicants choose to hire trademark agents or intellectual property lawyers to guide them through the application process. These professionals can assist with:
- Conducting thorough trademark searches
- Drafting and filing the application
- Responding to objections or oppositions
- Ensuring compliance with legal requirements
Typical fees for legal assistance range from $500 to $2,000+, depending on the complexity of the application and the experience of the service provider.
Opposition and Refusal Costs
After examination, the trademark is advertised publicly, allowing third parties to oppose registration within a 2-month window. If opposition occurs, additional costs may arise to defend your trademark.
Costs related to opposition proceedings can include legal fees, administrative fees, and possible settlement expenses. These can range widely, from a few hundred dollars to tens of thousands, depending on the dispute’s complexity.
Maintaining a Trademark in Canada
Once registered, a Canadian trademark remains valid for 10 years from the registration date. To keep your trademark active, you must pay renewal fees every 10 years.
The current renewal fee is approximately $200 to $300. Failure to pay renewal fees can result in cancellation of the trademark registration.
Other Factors That Influence Trademark Costs
Several additional elements can affect the total cost of trademarking a name in Canada. These include:
- Number of Classes: More classes mean higher fees.
- Scope and Complexity: Complex trademarks or those involving logos/designs may require additional legal advice.
- Opposition or Objections: Costs increase if your trademark faces challenges.
- International Registration: If you want protection beyond Canada, fees and processes differ.
Summary: Typical Trademark Registration Costs in Canada
| Cost Element | Typical Price Range (CAD) | Notes |
|---|---|---|
| Trademark Search | $0 – $500+ | Optional but recommended |
| Application Filing Fee | $347.35 + $105.87 per additional class | Mandatory payment to CIPO |
| Legal/Agent Fees | $500 – $2,000+ | Varies by complexity and service provider |
| Opposition Costs | Varies widely | Only if opposition occurs |
| Renewal Fees (every 10 years) | $200 – $300 | Keep trademark valid |
Final Tips for Trademark Applicants
Plan ahead: Trademark registration takes time — typically 18 to 24 months. Starting early helps avoid delays.
Be specific: Clearly define the goods and services your trademark will cover. Overly broad or vague descriptions can lead to refusal.
Use professional help: While DIY applications are possible, trademark law can be complex. Agents or lawyers can improve your chances of success.
Monitor your trademark: After registration, actively watch for potential infringements to protect your brand.
“Investing in a trademark is investing in your brand’s future. The costs are small compared to the value of exclusive rights and legal protection.” – Canadian Intellectual Property Office
