Trademark Services for Canadian Businesses
Whether you’re launching a new business, rebranding, or expanding into new markets, protecting your trademark is one of the smartest investments you can make.
From clearance search through registration to enforcement and portfolio management, Onley Law offers end-to-end Canadian trademark services. Our trademark practice is led by Trish Sawhney, a registered Canadian Trademark Agent and Corporate/Commercial Lawyer, giving you experienced legal guidance through every stage of the trademark process.
We work with startups, technology companies, entrepreneurs, and growing businesses across Canada. With fixed-fee pricing and clear communication, you’ll always know where your application stands, and what it will cost.
Our Trademark Services
Trademark Clearance Search →
Start with confidence. Before you invest in branding or file an application, we conduct a comprehensive clearance search of the Canadian Trademarks Database, common law sources, business name registries, other relevant records, and trademark registrability requirements. You’ll receive a fixed-fee written opinion assessing registrability and identifying potential risks.
Trademark Registration →
Protect your brand from day one. We manage the entire Canadian trademark registration process, from preparing and filing your application through examination and registration with the Canadian Intellectual Property Office (CIPO). Our practice provides strategic guidance and handles the full prosecution process to help move your application toward registration.
Office Action Response →
Received an objection from CIPO? We review the examiner’s concerns, advise you on your options, and prepare persuasive responses to keep your application moving forward. Trademark Office Actions are time-sensitive, and prompt action is essential to preserving your application.
Trademark Infringement & Cease-and-Desist Letters →
Protect your brand and your business. Whether someone is using your trademark without permission, you’ve received a cease-and-desist letter, or you need advice on a potential trademark dispute, we can help. We provide practical, strategic advice on your rights and options, including cease-and-desist letters, responding to infringement allegations, and resolving disputes as efficiently as possible, often without the need for litigation.
Trademark Licensing Agreement →
Maximize the value of your brand. Whether you are licensing your brand to franchisees, manufacturers, distributors or business partners, or obtaining a license yourself, we draft and negotiate trademark licence agreements that protect your trademark rights while supporting your commercial objectives.
How Our Trademark Process Works
Initial Consultation
We start by learning about your business, your brand, and your goals. We’ll advise you on the brand assets that may be appropriate to protect, such as business names, logos, and slogans, and recommend the right strategy based on your needs, whether that’s a clearance search, trademark registration, or broader brand protection advice.
Optional Clearance Search
If you choose to proceed with a clearance search, we’ll assess the availability of your proposed trademark by reviewing the Canadian Trademarks Database, common law sources, business name registries, other relevant records, and trademark registrability requirements. You’ll receive a written opinion identifying potential risks and recommendations before filing.
Filing & Prosecution
We prepare and file your trademark application with the Canadian Intellectual Property Office (CIPO), including developing a carefully tailored description of the goods and services covered by your trademark. A well-drafted application helps position your trademark for a smoother examination process while ensuring your registration aligns with your business objectives.
Examination & Registration
Once your application is filed, we manage the prosecution process before CIPO. We monitor your application, respond to any Office Actions, keep you informed at every stage, and guide your application through to registration.
Registration & Ongoing Protection Maintenance
Once registered, your mark is protected for 10 years and is renewable indefinitely. We can assist with renewals and provide ongoing guidance to help you maintain and protect your trademark rights as your business grows. We can also discuss ongoing trademark watching services to help identify potentially conflicting applications as they arise.
Meet Your Trademark Counsel
Trish Sawhney, BMus (Hons), B.A., LL.B
Registered Canadian Trademark Agent | Associate Lawyer
Trish leads Onley Law’s trademark practice, advising clients on every stage of the trademark lifecycle, from brand selection and clearance through registration, prosecution, and enforcement. As a Registered Canadian Trademark Agent and a Corporate/Commercial Lawyer, she provides practical, strategic advice to help businesses protect and maximize the value of their intellectual property.
Drawing on her background in the arts, Trish understands the importance of protecting creative works and the brands that distinguish a business in the marketplace. Clients value her ability to explain complex legal issues in clear, practical terms and to develop trademark strategies that align with their broader commercial objectives.
Frequently Asked Questions About Canadian Trademarks
How much does it cost to trademark a business name in Canada?
The cost of registering a trademark includes both the Canadian Intellectual Property Office (CIPO) government filing fees and professional fees. Our trademark registration services are offered on a transparent fee structure: $800 for the first class of goods or services, plus $100 for each additional class, in addition to applicable CIPO filing fees. A comprehensive trademark clearance search is available for a fixed fee of $1,000 for up to three classes. We’ll provide a clear quote before any work begins, so you’ll know exactly what to expect.
How long does it take to register a trademark in Canada?
From filing to registration, the typical timeline at CIPO is 18 to 24 months from filing to registration, although timelines vary depending on the application and CIPO processing times. If the examiner raises concerns or a third party objects to the application, the process may take longer. We’ll provide an estimated timeline based on your specific circumstances.
Do I need a registered Trademark Agent to file a trademark in Canada?
While you can file a trademark application on your own, trademark law can be complex, and mistakes made at the filing stage, such as an overly broad or overly narrow goods and services description, can lead to delays, objections, or limitations on the scope of protection.
If issues arise during the examination process, such as an Office Action or other objections from CIPO, representation before the Registrar on behalf of another person or business must be provided by a Registered Canadian Trademark Agent.
Onley Law’s trademark practice is led by Trish Sawhney, a Registered Canadian Trademark Agent and Corporate/Commercial Lawyer, who can guide your application from filing through registration and represent you throughout the prosecution process if issues arise.
What is a trademark clearance search and why do I need one?
A clearance search investigates whether your proposed mark is available to register and use in Canada. We review registered trademarks, common law uses, business names, and other relevant sources to identify potential conflicts before you invest in branding or file an application. Skipping a clearance search is one of the most expensive mistakes a Canadian business can make: a single objection, opposition, or infringement claim downstream can cost many times the upfront search fee.
What is the difference between TM and the registered trademark symbol?
TM is an unofficial mark anyone can use to indicate they claim rights in a trademark, even without registration. The registered trademark symbol can only be used once your trademark is registered with CIPO. Using the registered symbol before registration is a misrepresentation under Canadian law.
What is a CIPO Office Action and how do I respond?
An Office Action is a written objection from a CIPO examiner identifying issues with your trademark application. Common grounds include confusion with existing marks, descriptiveness, or improper classification. You have six months to respond. Failing to respond, or responding inadequately, results in the application being abandoned. We respond to Office Actions on a fixed-fee or hourly basis depending on complexity.
Can I register a trademark in Canada if it’s already registered in the United States?
Yes. Trademark rights are territorial, so a U.S. registration does not automatically protect your trademark in Canada. You can file a Canadian trademark application at any time. If you’ve filed a U.S. trademark application within the previous six months (or vice versa), you may also be able to claim priority from that filing date under the applicable international rules. We regularly assist Canadian and cross-border businesses with protecting their brands in Canada, as well as the United States and globally, through our trusted network of trademark agents around the world.
Should I trademark my logo, my business name, or both?
That depends on your business and branding strategy. A word mark generally provides broader protection for your business name as it can be used in any style, font, or design, while a design mark protects the specific appearance of your logo. During our initial consultation, we’ll recommend the filing strategy that best aligns with your business objectives.
Ready to Protect Your Brand?
Pick the trademark service you need. We will provide a fixed-fee quote within one business day.
Need a custom scope quote, or have a question not covered above? Contact us directly →