The following are frequently asked trademark questions and answers. These questions and answers are provided for information purposes only and do not constitute legal trademark advice.

What is a trademark?

A trademark is a symbol, word, scent, sound or phrase that is used to identify and distinguish the goods or services of one person (company) from those of another.

How can I register a trademark?

To register a trademark in the Canada and/or the US, an application must be filed in that country with the Canadian Intellectual Property Office (CIPO) and/or the United States Patent and Trademark Office (USPTO).

How long does it take to register a trademark?

The process of registering a trademark can take several months to a year or more, depending on the complexity of the application and the backlog at the government agency.

How long does a trademark last?

A trademark can last indefinitely provided the mark continues to be used and the renewal fees are paid (typically every 10 years after registration).  The trademark registration can be cancelled by a court or the trademarks office for non-use, or if the owner does renew the trademark registration.

Can I register a trademark for my logo?

Yes, logos can be registered as trademarks.

Can I register a trademark for my domain name?

Yes, domain names can be registered as trademarks if they are used in a trademark manner.

Can I register a trademark for a slogan?

Yes, slogans can be registered as trademarks if they are used to identify and distinguish the goods or services of one company from those of another.

How do I search for similar trademarks?

You can search for trademarks by using the databases of the appropriate government agency, such as the USPTO or CIPO. You can also conduct a trademark search through a trademark agent search service.

Can I register a trademark that is similar to an existing trademark?

It depends if the similarity is so close as to cause a likelihood of confusion between the registered trademark and your searched trademark. You cannot register a confusingly similar trademark, and you should not adopt and use a confusingly similar trademark.

Do you have any videos relating to the Canadian trademarking process?

Yes we do, please click this link for our Video.

What is the difference between a trademark and a trade name?

A trademark is a symbol, word, or phrase that is used like an adjective to identify and distinguish the goods or services of one company from those of another, while a trade name is the name under which a company conducts business.

What is the difference between a trademark and a copyright?

A trademark protects your brand whereas a copyright protects the manner of expression for creative works such as books, music, and software.

What is the difference between a trademark and a patent?

A trademark protects your brand whereas a patent protects the functional aspects of an invention.

For more IP insights, visit our Knowledge Center for practical resources tailored to Canadian businesses.