New Trends in Trademark Examination in Canada

In addition to classifying goods and services according to the Nice Classification system, Canadian trademark applications must describe the goods and services in “ordinary business terms.” This unique Canadian requirement often surprises international applicants accustomed to using broad or less specific language.

Since the beginning of 2022, the Canadian Intellectual Property Office (CIPO) has provided an accelerated examination channel for applications that rely entirely on the official term list. As of 2025, the average examination time for most trademark applications is between 9 and 11 months. In addition, CIPO also provides a formal accelerated examination process in specific circumstances. Applicants can file a request for accelerated examination and provide an affidavit. When the trademark registration is needed for: law enforcement purposes; or to combat counterfeit goods at the Canadian border; or to prevent the applicant from being at a disadvantage on e-commerce platforms; or to preserve priority claims at the request of a foreign intellectual property office, trademark applicants can request an accelerated examination ball. Practice has shown that the examination can be carried out within a few weeks or even days after the request for accelerated trademark examination is filed.

substantive examination

• CIPO conducts substantive examinations of trademark registrations based on both absolute and relative grounds. If a referenced trademark creates an obstacle to registration, the examiner will issue an opinion, and the applicant must respond within six months.
• The applicant may also request an extension of time, but only if there is a change of attorney, a transfer in progress, an opposition, ongoing negotiations with the official mark owner, evidence collection to overcome a non-obviousness objection, or circumstances beyond the applicant's control.
• If the response fails to overcome the registration obstacle, the examiner will issue a further examination action. If the second response still fails to resolve the issue, the trademark registration will most likely be rejected. The applicant may appeal to the Federal Court of Canada. If the applicant fails to respond to the examination action in a timely manner, CIPO will issue a default notice, triggering a two-month grace period, after which the trademark registration application will be deemed abandoned.
• CIPO does not allow third parties to file third-party observations during trademark examination, but trademark owners can file a "Notice of Third-Party Rights" to flag potentially confusing earlier-filed applications and/or registrations. Examining attorneys will consider the relevant prior rights during examination and may help prevent the problematic application from being approved.

Approval, publication, registration and renewal

• Once all hurdles have been resolved, CIPO will approve the trademark application and publish it in the Trademark Journal. Any third party may file an opposition to the application within two months of the publication date. If no opposition is raised, or the applicant successfully overcomes the objection, the trademark will proceed to the registration stage, and CIPO will then issue a trademark registration certificate.
• The validity period of a registered trademark in Canada is initially 10 years and can be renewed indefinitely with a renewal period of 10 years.
• At the time of renewal, CIPO has introduced a pre-renewal classification program. About one year before the renewal deadline, trademark holders will receive a letter from CIPO inviting them to classify their goods and services according to the Nice Classification system.

A precise trademark strategy is essential for success in the global marketplace. Whether establishing a presence domestically or expanding into international markets, understanding the latest examination processes and regulations in various countries and ensuring the robust protection of trademark assets are top priorities for every company.