In Canada, trademark protection involves both use in commerce and the strong benefits that come from formal trade mark registration in Canada. While unregistered (common-law) rights can arise from use, relying solely on them is risky—especially in competitive markets or when selling online.
Canada also applies a first-to-file principle in practice: exclusive rights generally favour whoever files their trademark application in Canada first, not the first to use the brand. This makes early filing essential, particularly to avoid conflicts, block copycats, and prevent bad-faith filings.
A registered Canadian trademark offers multiple commercial advantages:
- Confirms you as the presumed legal owner before the Canadian Intellectual Property Office or CIPO
- Helps you stop infringing uses and oppose confusingly similar applications
- Strengthens your brand on major platforms like Amazon.ca, Shopify, and other marketplaces
- Allows enforcement before Canadian customs and courts
- Supports brand name registration in Canada for .CA domains and online identity
- Increases your brand’s long-term commercial value
- Creates a public record that deters competitors and counterfeiters
If you plan to expand internationally, a getting a traemark in Canada is a strong foundation. Canada is a member of the Madrid Protocol, allowing you to extend protection to dozens of countries through a single international filing. Learn more about this process on our
Madrid System trademark services page.
When filing your trademark application in Canada, you may choose:
- A word mark (protects the name itself)
- A figurative / combined mark (text + logo)
For logos, you can file:
- In black and white, generally covering use in any colour, or
- With specific colour claims, which restrict protection to those colours
For combined marks, protection only covers the exact configuration filed. If you want broader protection—e.g., the word on its own plus the logo—it is recommended to file separate applications.
Overall, securing your trademark registration in Canada early provides clearer ownership, stronger enforcement, and a more robust brand strategy both within Canada and internationally.