Registering a Trademark in Canada

The definition of a trademark in Canada is similar to the American definition. A trademark in Canada is a set of letters, phrases, sounds, or even a design that distinguishes your brand from the other companies in the same industry.

Canadian trademark registration will give exclusivity for your trademark federally** for 15 years which is renewable.

There are three types of trademarks in Canada:

  • Ordinary mark: An ordinary mark is a set of words, designs, sound or any combination of these three things that distinguish goods or services from others.
  • Certification mark: The certification mark is a license that shows a particular good or service that meets a specific standard.
  • A distinguishing guise: A distinguishing guise is when you want to trademark the shape of your good or their container. It can also be a way of wrapping or packaging a good in a way that distinguishes your goods from others.

** In Canada, a trademark is only administered federally, even if your products/ services are offered in only one province.

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David Sterrett

Dave Sterrett is an entrepreneur-turned-attorney with 20+ years of experience and $100M+ in closed M&A deals. He’s built and sold businesses himself, so he knows what’s at stake on both sides of the table.