The most common Canada trademark search mistake: you type your brand name into the CIPO database, get zero exact matches, and assume you're clear. You're not. Canada is a first-to-use jurisdiction. Someone who's been using the name in commerce since 2018 but never registered it can still block your application. The CIPO database only shows half the picture.
And even within the database, an exact search barely scratches the surface. The Canadian Trademarks Database holds over 2.17 million records. Phonetic similarities, related Nice classes, bilingual French-English variants, and pre-2019 marks filed under Canada's old classification system all create conflicts that an exact search misses.
This guide walks you through a CIPO trademark search step by step, from running your first search to reading the results correctly. Whether you're filing in Canada for the first time, expanding from the US, or naming a business in a Canadian province, you'll know exactly what to look for and what most people miss.
What the CIPO Database Covers
The Canadian Intellectual Property Office (CIPO) maintains the Canadian Trademarks Database at ised-isde.canada.ca. It's free to search, requires no account, and contains over 2.17 million trademark records.
Those records break down into three types:
National Canadian filings. Trademarks filed directly with CIPO. This is the bulk of the database: applications, registrations, and historical marks from Canadian businesses and foreign applicants seeking protection in Canada.
Madrid Protocol international designations. The Madrid Protocol lets trademark holders extend protection to multiple countries through a single international application managed by WIPO. Canada joined the Madrid Protocol in June 2019, so international registrations designating Canada from that date forward appear in the CIPO database with the same legal effect as a direct filing.
Historical marks under the old Canadian classification. Before June 2019, Canada did not use the Nice classification system. It used a unique Canadian system with broader goods and services descriptions. Pre-2019 marks still appear in the database under this old classification. This matters for your search because these older marks won't have standardized Nice class numbers. You need to search by goods and services description text, not just by class number, to catch them.
The Nice classification transition is a big deal for anyone searching Canadian trademarks. Post-June 2019 marks use the standard 45 Nice classes that the rest of the world uses. Pre-2019 marks use broad, freeform descriptions. If you only filter by Nice class number, you'll miss conflicts with older marks entirely.
One more thing: Canada's database includes both English and French mark names. A French-language mark can conflict with your English-language brand. "SOLEIL" and "SUN" in the same class could create issues. The bilingual nature of the register means you should think about translations and equivalents, not just spellings.
The database is updated regularly and includes applications, registrations, and historical or expunged marks.
How to Search the CIPO Database (Step by Step)
Go to ised-isde.canada.ca/cipo/trademark-search. You'll see options for basic search and advanced search. Here's how to use each approach effectively.
Step 1: Search by trademark name
Start here. CIPO offers both a basic search and an advanced search with more filtering options.
The basic search lets you enter a trademark name and choose between an exact match or a phonetic (sound-alike) search. The phonetic search is essential. Don't skip it. "MAPLETREE" would catch "MAYPLETREE," "MAPLE TREE," and potentially "MAPLETREA." Always run a phonetic search in addition to exact.
The advanced search adds filters for Nice class, status, filing date range, and more. Use the advanced search once you've done your initial broad scan.
Step 2: Filter by Nice class
If your mark was filed after June 2019, you can filter by Nice class. Class 9 covers software. Class 25 covers clothing. Class 35 covers advertising and business services.
But here's the caveat: pre-2019 Canadian marks don't have Nice class numbers. They use the old Canadian classification with freeform goods and services descriptions. If you only filter by Nice class, you'll miss every pre-2019 mark that might conflict with yours. After filtering by class, also run a separate search using goods and services description keywords (like "computer software" or "clothing") to catch older marks.
Step 3: Search by application or registration number
If you've found a specific mark and want to pull up its full record, search by application number or registration number directly. This is useful when you've identified a potential conflict and want the complete filing details.
Step 4: Search by owner or applicant name
Want to see everything a specific company owns in Canada? Search by owner name. This is useful for competitive intelligence, checking whether a known competitor holds Canadian rights, or verifying the scope of a company's Canadian portfolio.
Step 5: Check status filters
Filter by status to focus your results. For clearance search purposes, start with live marks (registered and pending applications). Expired or abandoned marks are lower priority, but not irrelevant. A recently abandoned mark could be refiled by its owner.
The key tip: run multiple searches. Start broad with a phonetic search and no class filter to see the full picture. Then narrow down by class, status, and filing date. A single exact-match search is never enough.
Reading Your Canadian Trademark Search Results
Your search returns a list of marks. Each entry includes several fields. Here's what to focus on and what each one tells you.
Status. The most important field. Key statuses you'll see in the CIPO database:
- Registered means the mark is live and protected in Canada. This is the one that can block you.
- Formalized means the application has been accepted for examination but hasn't been reviewed yet.
- Advertised means the mark passed examination and has been published in the Trademarks Journal for opposition. It's in its 2-month opposition period. Almost registered.
- Opposed means someone has challenged the application. Outcome uncertain.
- Abandoned means the applicant didn't complete the process. Lower risk, but not zero.
- Expunged means the registration was removed, typically for non-use. The name may be available, but check whether the previous owner is still using it in commerce.
Filing and registration dates. Earlier dates mean priority. But in Canada, this comes with an important twist. Because Canada is a first-to-use jurisdiction, someone with earlier use in commerce can have priority over a later filing date. A mark filed in 2024 could be challenged by someone who's been using the name since 2019 without registering.
Nice classes (or old classification). Post-2019 marks show standard Nice class numbers. Pre-2019 marks show broad goods and services descriptions instead. Read the actual goods and services text for any mark, regardless of when it was filed. The text tells you whether there's a real overlap with your products or services.
Owner. Who holds the mark. Useful for assessing enforcement likelihood.
Mark type. Whether it's a word mark, design mark, or a combination. Word marks offer broader protection than design marks because they cover the word itself regardless of how it's displayed.
Assessing conflict risk
Trademark conflict is a spectrum, and in Canada, common law use adds another dimension:
- High risk: Same or very similar mark, same or closely related Nice class, mark is registered or owner has documented use in commerce. Walk away or get legal advice.
- Medium risk: Similar (not identical) mark, related class, registered or pending. Worth a conversation with a trademark attorney.
- Lower risk: Somewhat similar mark, unrelated class, or mark is abandoned/expunged. Probably workable, but document your reasoning.
In a first-to-use jurisdiction like Canada, even a "clear" database search doesn't capture unregistered rights. Keep that in mind when assessing your overall risk.
6 Common Mistakes in Canadian Trademark Searches
1. Searching exact matches only
This is the mistake from the opening paragraph. CIPO's phonetic search exists for a reason: the examiner considers sound-alike and look-alike marks, not just identical spellings. "MAPLETREE" and "MAYPLETREE" are different strings but the same conflict. Always run a phonetic search.
2. Ignoring related Nice classes
You're launching a food delivery app and you search Class 9 (software). Makes sense. But did you check Class 39 (delivery services)? Class 43 (food services)? Class 35 (online ordering platforms)? Trademark conflicts cross class boundaries when the goods and services are related. And remember: pre-2019 marks don't use Nice classes at all. Search by goods and services description text to catch older filings.
3. Forgetting Canada is first-to-use
This is the big Canada-specific mistake, and it trips up founders expanding from first-to-file countries. In Canada, trademark rights can arise from use in commerce, not just registration. Someone who has been selling products under your proposed name since 2015 but never registered the mark can challenge your application based on prior use.
The CIPO database won't show these unregistered users. You need to search beyond the database: check provincial and federal business name registries, run web searches, look at Canadian marketplace listings, and search social media. Consult a trademark attorney for legal guidance on assessing common law risk in your specific situation.
4. Missing bilingual conflicts
Canada is officially bilingual. A French-language mark can conflict with your English-language brand if they convey the same meaning in the same class. "SOLEIL" and "SUN" covering the same goods could create a conflict. "MAISON" and "HOUSE" in the same class could too.
Think about translations and equivalents when you search. If your brand name has a clear French (or English) translation, search for that translation as well.
5. Confusing provincial business name registration with trademark registration
Registering a business name with a provincial registry (like Ontario's Business Names Act) does not give you a trademark registration. It gives you the right to operate under that name in that province. It doesn't show up in the CIPO database, and it doesn't provide the same level of protection as a federally registered trademark.
Going the other direction: a CIPO trademark registration doesn't exempt you from provincial business name registration requirements. They're separate systems with separate purposes. Don't assume a provincial business name search substitutes for a federal trademark search, or vice versa.
6. Treating a clear search as an all-clear
A clean CIPO search result doesn't mean your application will succeed. Examiners may raise objections you didn't anticipate. Someone may file a similar mark between your search date and your filing date. And in a first-to-use jurisdiction, unregistered common law rights won't appear in any database.
A trademark search reduces risk. It doesn't eliminate it. Treat your results as strong evidence, not a guarantee, and file promptly after searching so the gap between search and application is as short as possible.
Beyond the CIPO Database
A Canada trademark search on the CIPO register covers Canadian filings and Madrid designations. A proper clearance search goes wider.
TMview. Run by the EU Intellectual Property Office, TMview aggregates data from 70+ trademark offices, including CIPO. It's useful for checking whether a mark is registered across multiple jurisdictions at once. Free to use at tmdn.org/tmview.
WIPO Global Brand Database. Covers international registrations filed through the Madrid Protocol. Since Canada joined the Madrid Protocol in June 2019, international marks designating Canada appear both here and in the CIPO database. The WIPO database is useful for seeing the full scope of an international registration, including which other countries it covers. Search at branddb.wipo.int.
Provincial and federal business name registries. Because Canada is first-to-use, these matter more than in first-to-file jurisdictions. Each province maintains its own business name registry. The federal NUANS system (Newly Upgraded Automated Name Search) searches existing corporate names and trademarks across Canada for conflicts with your proposed name. A name registered in a provincial registry isn't a trademark, but if that business has been using the name in commerce, they may have common law rights that predate your filing.
Domain and social media checks. Not legal databases, but practical ones. If someone is actively using your proposed mark online in Canada, that's relevant to your clearance assessment even if they haven't registered it. In a first-to-use jurisdiction, online presence can be evidence of use in commerce.
API-based clearance tools. If you're building trademark clearance into a product or running searches at volume, manual database searches don't scale. Signa indexes CIPO records directly (2.17 million marks, updated weekly), along with records from other major offices. For teams running multi-office clearance or building search into their own products, an API approach covers Canada as part of a broader international filing workflow rather than searching each office separately.
Canadian Trademark Costs and Timeline (2026)
CIPO fees increased on January 1, 2026, reflecting a 2.7% adjustment under the Service Fees Act. Here's what you'll pay now.
Filing fees:
- First class: CAD $491.06 (online filing)
- Each additional class: CAD $149.04
- A two-class application costs CAD $640.10 total
Renewal fees:
- First class: CAD $595.06 every 10 years
- Each additional class: CAD $185.49
Opposition fee:
- CAD $1,115.08
CIPO Trademark Fee Schedule (2026, +2.7% adjustment)
Timeline (unopposed):
- Filing to examination: approximately 7.9 months (current estimate as of mid-2026)
- 6 months to respond if the examiner raises objections
- Opposition period: 2 months from advertisement in the Trademarks Journal
- Total from filing to registration: typically 12-18 months if unopposed
These costs are for filing directly with CIPO. If you use a trademark attorney or agent (recommended for anything beyond a straightforward filing), add their fees on top.
Madrid Protocol route. If you already have a trademark registration or application in another Madrid Protocol member country, you can extend it to Canada through WIPO rather than filing directly with CIPO. The fees are different (paid in Swiss francs through WIPO), and the examination process still goes through CIPO. For details on this approach, see Signa's guide to international trademark filing.
Your Next Steps
Once you're ready to search Canadian trademarks, here's the practical sequence:
- Run a phonetic search on ised-isde.canada.ca/cipo/trademark-search for your proposed mark, filtered to your relevant Nice classes.
- Run a second search by goods and services description text to catch pre-2019 marks that don't use Nice classes.
- Check related classes, not just your primary one.
- Search WIPO Global Brand Database for international marks designating Canada.
- Search provincial business name registries and run web searches for unregistered use (first-to-use rights).
- If you find potential conflicts, talk to a trademark attorney before filing. If the search looks clear, file promptly to secure your filing date.
For a companion guide to searching UK trademarks, see the UK trademark search guide.
For API-based clearance across multiple offices, Signa's trademark search indexes CIPO's 2.17 million records directly, alongside data from other major offices.
A thorough Canada trademark search takes about an hour of focused work. That hour can save you months of examination delays, a CAD $1,115.08 opposition fee from a prior user, or a rebrand after you've already printed the business cards.
Consult a trademark attorney for legal guidance specific to your situation. This guide explains the process and the tools available, but it's not a substitute for professional legal advice.