How Trademark Works in Canada — and Why Small Businesses Should Apply

When you're running a small business in Canada, you're juggling a lot — marketing, customers, finances, and everything in between. But there's one crucial element that often gets overlooked: Is your brand protected with trademark registration?

If you've come up with a name, logo, or slogan for your business, that’s great — but if it’s not registered as a trademark, it’s not truly yours. In this blog post, we’ll explain what a trademark is, why it’s important for small businesses, how the application process works in Canada, and why it’s often worth getting professional help.

What Is a Trademark? (Explained Simply)

A trademark is a word, symbol, design, or combination of these that makes your business and products recognizable to your customers. Think of it like your business’s fingerprint — it’s what sets you apart.

Examples of trademarks include:

• The name “Tim Hortons”

• The swoosh symbol of Nike

• The Apple logo on your phone

For a small business, your trademark could be your business name, your logo, a product name, or even a unique phrase you use in marketing. If it’s something people associate with your business, it might be worth protecting.

Why Does a Trademark Matter for Small Businesses in Canada?

Many small business owners think, “I’m too small to worry about trademarks.” But that’s exactly why you should care. Here’s why:

1. Legal Ownership and Protection

Registering your trademark with the Canadian Intellectual Property Office (CIPO) gives you the exclusive legal right to use it across Canada. That means you can stop others from copying or using similar names that could confuse your customers.

2. Avoiding Expensive Rebranding

Imagine growing your business for years, only to get a legal notice saying your brand name belongs to someone else. You might have to change your name, lose customer trust, and start over. A registered trademark helps you avoid this.

3. Boosting Brand Value and Credibility

A registered trademark is a signal to customers and investors that you're serious about your business. It builds credibility and makes your brand more valuable — especially if you want to franchise, license, or sell it in the future.

4. Protecting Your Online Presence

Your trademark can help protect your brand on social media, e-commerce platforms like Etsy or Shopify, and domain names. Many platforms give preference to trademark owners when resolving brand disputes.

5. Peace of Mind

Let’s be honest: You already have enough to worry about. Registering a trademark gives you peace of mind knowing your brand is protected.

How Do You Register a Trademark in Canada?

The Canadian trademark registration process involves several steps:

1. Trademark Search: Before applying, you should search to make sure your name or logo isn’t already in use. This helps avoid rejection or future legal problems.

2. File an Application: You apply through CIPO, including information about your trademark and the goods or services it relates to. Filing fees start at around $335 CAD for one class of goods or services.

3. Examination: CIPO will review your application to ensure it meets all legal requirements. They may issue an “examiner’s report” with questions or objections you need to address.

4. Publication and Opposition: If approved, your trademark is published in the Trademarks Journal. During this time, others can oppose your application if they think it conflicts with their trademark.

5. Registration: If no one objects (or any objections are resolved), your trademark is registered. It lasts for 10 years and can be renewed indefinitely.

Should You Apply on Your Own or Get Professional Help?

Technically, you can apply for a trademark on your own. But many small business owners find the process more complex than expected. Here’s why working with a trademark professional — like a consultant, lawyer, or registered trademark agent — can be a smart investment:

• They can perform a more thorough trademark search to avoid conflicts.

• They’ll ensure your application is worded clearly and filed correctly.

• If there are objections or oppositions, they can respond on your behalf.

• They help you avoid common mistakes that could delay or cancel your application.

More importantly, if you apply on your own and there's an existing conflict you didn’t catch, your application might be rejected. At that point, not only will you have lost time and momentum — but your filing fees are non-refundable. That means your investment could be wasted, and resolving the issue later (or restarting with a new name) could be even more expensive.

In short: a little support upfront can save you a lot of stress and cost down the road.

How Much Does It Cost to Register a Trademark in Canada?

Trademark registration is an investment in your brand — and while it comes with a price tag, it can save you thousands in the long run by helping you avoid legal disputes and forced rebranding.

Here’s a breakdown of what you can expect:

1. Government Filing Fees

When you apply through the Canadian Intellectual Property Office (CIPO), the current government fees (as of 2025) are:

• $335 CAD for the first class of goods or services

• $100 CAD for each additional class

These are one-time fees for filing. Renewal fees apply after 10 years.

Note: The “class” refers to the type of goods or services your trademark will cover. For example, if you sell both clothing and cosmetics, that’s two separate classes.

2. Professional Fees (Optional but Recommended)

If you choose to work with a trademark agent, lawyer, or consultant, you’ll also need to budget for professional service fees.

These can vary based on the complexity of your case, but most small businesses can expect:

• $800–$2,000 CAD for a simple application

• $2,000–$3,500+ CAD if there are objections or oppositions, or if a more detailed legal opinion is needed

While this might feel like a big step for a new business, remember: a properly registered trademark gives you legal protection for 10 years (and renewable after that). For many entrepreneurs, the cost is well worth the long-term peace of mind.

Final Thoughts: A Small Step with a Big Impact

Registering a trademark might not be the first thing on your to-do list — but it’s one of the smartest moves you can make for your business’s future.

Whether you’re selling handmade candles or launching a SaaS platform, your brand deserves to be protected. And with the right support, the process doesn’t have to be overwhelming.

Need help securing your trademark in Canada? Our team at Acumen Business Consulting works with small businesses just like yours to simplify the process and help you move forward with confidence.

Let’s protect what you’ve built — one step at a time.