Legal basis is the Trade-marks Act of 1953.
Canada does not use any classification system.
Trademark protection is obtained by registration. An unregistered trademark may be protected due to prior use (common law).
Registrable as a trademark are all distinctive and graphically representable signs, such as words, acronyms, letters, numbers, devices, emblems, combinations or shades of colours, the threedimensional form of a good or its packaging and any combination of the mentioned signs. Normally, you may not register a word that is only a proper name – neither yours, nor anyone elseʼs – as a trade-mark.
An exception may be made if you can demonstrate that the name has become identified in the public mind with certain wares or service (secondary meaning). The following trademark types are registrable: trade marks, service marks, and certification marks.
The Canadian law is based on the principles of “common law”, i. e. official and juridicial decisions are rendered on the basis of prior decisions and judgements on similar cases comparing all facts and merits of a case and taking into consideration all different common grounds.
Canada follows a first-to-use system for the determination of rights and a first-to-file system with respect to the examination of conflicting applications. A trademark is deemed adopted in Canada when it is first used in Canada or at the time of the filing of the Canadian application once the registration is obtained.

The application is filed at the Trademarks Office in Gatineau, Quebec.
An application could be based on use in Canada, proposed use in Canada, making-known in Canada and/or registration and use abroad.
Conventional priority is available.
Any number and variety of specific goods and services may be included in a single application as Canada does not use any classification system.
Foreign applicants need a local agent.
A power of attorney is not necessary.
Foreign applicants do not need a domestic registration.
The trade-mark application must be based on use, proposed use, making-known and/or foreign registration and use.
Trade-mark registration usually involves: a (non compulsory) preliminary search (done by the applicant or his agent) of existing trade-marks and/or trade names, an application, an examination of the application by the
Trade-marks Office, publishing of the application in the Trade-marks Journal, time for opposition (challenges) to the application, allowance and registration (if there is no opposition).
The examination by the Trade-marks Office includes an examination for inherent registrability and technical compliance with the Trade-marks Act, as well as potential conflicts with prior filed applications or registrations. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
The processing time from first filing to registration or first office action is approx. 14 to 18 months in typical cases. An existing registration could be extended to include additional wares and/or services.

The opposition period is 2 months from the publication date of the application and could be extended at least one time unilaterally for three months.

The statutory exclusive rights begin with the date of registration. A trade-mark registration is valid for 15 years from date of registration. Subject to a six-month grace period, the registration is renewable for periods of 15 years, without requirement of filing affidavit of use or evidence of use.

Registrants do not have to show samples or file declarations of use as in US, but use is still necessary.

Three years after the date a Canadian trade-mark registration issues, any party may request that the Registrar issue a Notice, under Section 45 of the Trade-Marks Act, to the registered owner to request proof that the trade-mark has been used in the previous three years. Failure to show use may conduct to the cancellation of the trade-mark.

Special note on License:
Since the amendment of the Trade-Marks Act on June 9, 1993, the registered user system which required a licensee to be recorded as a registered user with the Canadian Trade-Marks Office has been replaced by another system. Under Section 50 of the Trade-Marks Act, where the owner has direct or indirect control over the character or quality of the licensed wares or services, then the use, advertisement or display of the trade-mark by the licensee, has, and is deemed always to have had, the same effect as such use, advertisement or display of the trade-mark by the owner.

The official fee is CAD 250.00 (approx. EUR 150.00) for electronic applications and CAD 300.00 (approx. EUR 180.00) in any other case. For the registration, an additional fee of CAD 200.00 (approx. EUR 120.00) is charged, including the issuance of a certificate of registration of the trademark without further fee.

Search type	First class	Add. class
Word Mark Search (availability)	290,00 €	80,00 €
Word Mark Search (identical)	140,00 €	30,00 €
Extended Search (word mark, company name, domain)	520,00 €	80,00 €
Device Mark Search (availability)	330,00 €	130,00 €
Trademark Owner Search	190,00 €
Company Name Search	290,00 €
Domain Name Search (extended)
i-Search (word mark availability + legal opinion)	1.100,00 €	300,00 €

The Prices above are S.M.D. Markeur Search Fees