Trademark Registration Lawyers

Choosing a name, logo or slogan for your business, and want to make sure it is really yours? A trademark lawyer can check whether the mark is available, file a strong application in Canada, answer objections from the examiner and defend your brand if someone copies it or opposes it. On this page you can compare lawyers who handle trademark registration in Quebec, see their rates and availability, and book a consultation online.

What a trademark lawyer does

A lawyer in this area helps you protect the signs that identify your products and services: names, logos, slogans, and sometimes sounds, shapes or colours. That can mean running a clearance search, filing with the Canadian Intellectual Property Office (CIPO), answering examination reports, handling oppositions, extending protection abroad and acting on infringement.

Common situations

• Launching a business or product: you want to know whether a name is free before investing in it.
• Objection from the examiner: CIPO says your mark is descriptive, not distinctive or confusing with an existing mark.
• Opposition: another company opposes your application, or you want to oppose someone else's.
• Copycat brand: a competitor uses a name or logo close to yours and customers are getting confused.
• Cease-and-desist letter: you received a demand to stop using a name you have used for years.
• Signage and packaging in Quebec: your brand is in English and you need to know what must appear in French.

Start with a clearance search

Before filing, and ideally before launching, it pays to check whether someone already has rights in a similar mark. A basic search of the Canadian Trademarks Database is a good first step, but it only shows identical or obvious matches. A lawyer's clearance search looks further: similar spellings and sounds, related goods and services, business names, and marks that are used without being registered. Spotting a conflict early is far easier than rebranding later.

How trademark registration works in Canada

Trademarks are governed by the federal Trademarks Act, so the same process applies in Quebec as elsewhere in Canada. In general terms:

• Application: you file with CIPO, describing the mark and listing the goods and services it covers, grouped by class.
• Examination: an examiner checks that the application is complete, that the mark is distinctive, and that it is not confusing with a registered or pending mark. You can answer any objections in writing.
• Advertisement and opposition: once approved, the application is published so that third parties can oppose it before the Trademarks Opposition Board.
• Registration: if there is no opposition, or it fails, the mark is registered and you gain exclusive rights across Canada for the listed goods and services.
• Renewal and use: a registration must be renewed periodically, and a mark that is not used can be challenged and removed from the register.

Distinctiveness and confusion

Two questions come up again and again. First, is your mark distinctive? Invented words and arbitrary names are easiest to protect; a mark that simply describes the product, its quality or where it comes from, or that is mainly a surname, can be refused. Second, is it confusing with an existing mark? The test looks at the overall impression: how the marks look and sound, the ideas they suggest and the goods and services involved. A lawyer can assess both before you file.

Registered vs unregistered rights

You can acquire some rights simply by using a mark in business, known as common-law rights. They are real, but limited: they generally cover the area where you have built a reputation, and to enforce them you must prove that reputation, as well as confusion and harm. A registration is much stronger. It gives you exclusive rights across Canada, is easier to enforce and, in Quebec, now matters for signage (see below).

International protection and the Madrid Protocol

A Canadian registration only protects your mark in Canada. Canada is part of the Madrid Protocol, which lets you file one international application, based on your Canadian application or registration, and designate the countries where you want protection. Each country then applies its own rules, and a lawyer can tell you whether Madrid or national filings suit you better.

Quebec: trademarks and French-language rules

The Charter of the French Language, as amended by Bill 96, tightened the rules on how trademarks appear in Quebec. In general terms, a trademark in another language can still be used on products, signs and posters only in limited cases, notably when it is registered and no French version is registered. Generic or descriptive words that accompany a mark are expected in French, and French must be clearly predominant on signs visible from outside. The Office québécois de la langue française administers these rules. A lawyer can review your branding and tell you whether registering your mark, or a French version, makes sense.

Oppositions and infringement

Oppositions are decided by the Trademarks Opposition Board, mostly in writing, and their deadlines are strict. When someone uses a confusing mark, a lawyer usually starts with a demand letter and negotiation. If that fails, infringement and passing-off claims can be brought before the Federal Court or the Superior Court of Quebec, which can order the use to stop and award damages. If you receive a demand yourself, have it reviewed before you reply or rebrand.

When to get a lawyer

• Before choosing a name you will invest in heavily.
• When you receive an examiner's report, an opposition or a demand letter.
• When you plan to sell outside Canada.
• When your English-language brand needs to comply with Quebec signage and labelling rules.

Preparing for your consultation

• The name, logo or slogan, with the exact spelling and design.
• A description of your products and services, now and in the near future.
• When and where you started using the mark, with examples (labels, website, invoices).
• Any search results, CIPO correspondence, opposition or demand letter.

For tips on picking the right person, read our guide on how to choose a lawyer in Quebec.

Compare and book on JustiConnect

Browse the lawyers listed below, filter by location, rates, language and availability, and book a consultation directly. Each lawyer sets their own rates, and you can see them before you book. You can also search all lawyers who handle trademarks or see lawyers for trademarks in Montreal.

Frequently asked questions

How do I check if a name is trademarked in Canada?

You can search the Canadian Trademarks Database for free. It will not show unregistered marks or every similar name, so for a name you plan to invest in, a professional clearance search is safer.

Do I need a lawyer to register a trademark?

No, you can file on your own. A lawyer or trademark agent helps you avoid a weak or confusing mark, describe the goods and services properly and answer objections, which can save a refused application.

Can I use my trademark before it is registered?

Yes, and use can give you common-law rights. But without a clearance search you risk infringing someone else's mark, and registration gives you much stronger protection.

Does a Canadian trademark protect me in other countries?

No. You need protection in each country, which you can seek through national filings or an international application under the Madrid Protocol.