Filing intellectual property in Canada
CIPO no longer requires a declaration of use at filing, but examination is slow and Nice-class-specific fees make class selection a real cost decision.
- Office
- CIPO
- Language
- English or French
- Local currency
- CAD
- Opposition
- 2 months from advertisement, extendable
- Term
- 10 years from registration
- Renewal
- Every 10 years, with per-class renewal fees
Fees & timelines by right
| Right | Official fee | Our fee | All-in | Timeline |
|---|---|---|---|---|
| Trade Mark / Brand Name | $347 | $249 | $596 | 20–30 months |
| Service Mark | $347 | $249 | $596 | 20–30 months |
| Trade Name / Business Name | $40 | $129 | $169 | 1–3 weeks |
| Patent | $421 | $1,350 | $1,771 | 24–40 months |
| Utility Model / Petty Patent | Not available — CIPO operates no registry for this right | |||
| Copyright | $50 | $129 | $179 | 2–4 months |
| Industrial Design | $303 | $640 | $943 | 12–18 months |
| Geographical Indication & Collective Marks | $347 | $690 | $1,037 | 12–24 months |
| Trade Secret & Confidentiality Programme | $0 | $590 | $590 | 2–4 weeks to implement |
Indicative single-class / single-application rates in USD. Your live quote confirms the exact amount before payment.
Who can file & on what basis
- Direct national application (no use declaration required at filing)
- Madrid Protocol designation of Canada
- Convention priority within 6 months of a first foreign filing
Local agent: Required only where the applicant has no Canadian address for service.
What we need from you
Requirements
- Owner name and address
- Goods and services grouped by Nice class (fees are per class)
- Canadian agent where the applicant has no Canadian address
- Distinctiveness evidence where the mark is descriptive
Documents
- Logo representation for design marks
- Priority document if a foreign filing date is claimed
- Evidence of acquired distinctiveness, if applicable
Affidavits, resolutions & authorities
Executed papers this office expects — who signs them, how they must be witnessed, notarised or legalised, and the deadline for lodging them.
Appointment of agent / authorisation
Written authorisation for the Canadian agent to act; no notarisation required.
- Execution:
- Signed by the applicant (scan accepted)
- When:
- With the application
- Applies to:
- All IP types
Small entity declaration
Entities with fewer than 50 employees (and no obligation to a large entity) may claim reduced fees by declaration; an incorrect claim can be corrected but is fee-bearing.
- Execution:
- Signed by the applicant (scan accepted)
- When:
- At filing
- Applies to:
- Patent, Utility Model / Petty Patent
Assignment from inventor(s)
Signed transfer of rights where the applicant is not the inventor; recorded with CIPO.
- Execution:
- Signed by the applicant (scan accepted)
- When:
- Before allowance
- Applies to:
- Patent, Utility Model / Petty Patent
Formality requirements change and are applied at each registry's discretion. This checklist is preparation guidance, not legal advice — your appointed local agent confirms the final list before filing.
How the filing runs
- 1
Clearance
Search of the Canadian Trademarks Database plus trade-name conflicts.
- 2
Filing
Electronic filing with CIPO; filing fee for the first class plus a per-additional-class fee.
- 3
Examination
Formal and substantive examination, including distinctiveness assessment.
- 4
Advertisement
Advertised in the Trademarks Journal for a 2-month opposition period.
- 5
Registration
Registration certificate issues if unopposed.
Use, renewal & status tracking
Use requirement
No use proof at filing, but a registration is vulnerable to summary cancellation for non-use after 3 years.
Registry status sync
Live — CIPO open data feeds status changes into your filing timeline.
Common pitfalls
- Per-class fees make 'file everything' strategies expensive
- Examination backlogs of 20–30 months are normal — plan launches accordingly
- Descriptive or clearly-descriptive marks face firm objections
Ready to file in Canada?
Run a free name check first, or start a filing with a fixed quote.
This guide is general information about Canada procedure, not legal advice. Official source: https://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/home