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ARTICLE · 27 NOVEMBER 2025

Canadian Trademark Practice: Unique Aspects And Important Considerations

Smart & Biggar
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In Canada, applicants do not need to specify any filing bases in their applications and, with the exception of certain "non-traditional" marks, do not need to show that a trademark...

CanadaIntellectual Property
Janice Bereskin
Janice Bereskin
Jennie Yum
Jennie Yum
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This article highlights important aspects of Canadian trademark practice and the benefits of owning a Canadian trademark registration.

Considerations for pre- and post-filing

Filing bases and use requirements

In Canada, applicants do not need to specify any filing bases in their applications and, with the exception of certain "non-traditional" marks, do not need to show that a trademark is in use in Canada (e.g., by filing a Declaration of Use) in order for the application to issue to registration. For certain "non-traditional" marks, such as the three-dimensional shape of a product or a mode of packaging the product, applicants are required to establish "acquired distinctiveness" through trademark use as a pre-requisite to registration. Once registered, there is no use requirement in Canada for maintaining or renewing the registration, unless it is the subject of a non-use cancellation proceeding.

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The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.

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