A trademark can be a word, a design, a letter, a numeral, a colour, a figurative element, a three dimensional shape, a hologram, a moving image, a mode of packaging goods, a sound, a scent, a taste, a texture, a position, or a combination of these. Trademarks come to represent not only the actual goods or services but also the reputation, of the producer. As such, trademarks constitute valuable intellectual property.
Before filing a trademark application in Canada, it is strongly recommended to conduct a thorough search of existing marks. We recommend that you search the Canadian Trademarks Database.
Beware of words, designs, and ideas that are similar to another owner’s trademark. If your trademark is confusingly similar to a registered trademark or a pending trademark, it may be refused. Examiners take into account various factors when determining whether trademarks are confusing, including whether the trademarks:
– look or sound alike or suggest similar ideas; and
– are used in association with similar goods or services.
Once your search is completed and you are satisfied that your trademark is not confusing with any other trademarks, you may file your application.
You may file a trademark application:
Online: You must access the online form.
– If you have not previously submitted payments or correspondence to CIPO electronically, you must first create an account in order to access the secure server.
By mail / In-person:
Canadian Intellectual Property Office
Place du Portage I
50 Victoria Street, Room C-114
Gatineau QC K1A 0C9
By fax: 819-953-2476 (for black and white trademarks) or 819-934-3833 (for colour trademarks)