3 Types of Trademarks in Canada & How to Protect Your Brand

Table of Content

1. Introduction
2. What is a Trademark? A Quick Overview
3. Why Trademarks Matter for Businesses
4. Conventional Trademark Types in Canada
5. The Rise of Non-Conventional Trademarks in Canada
6. What Can’t be Registered?
7. How to Choose the Right Trademark in Canada with Real Examples
8. Conclusion
9. Related articles
 

1. Introduction

Iconic trademarks often define the identity of a brand, and Canada offers a vibrant array of examples—from the maple leaf that symbolizes the nation to the unmistakable designs of Canada Goose and Tim Hortons.
 
Not only do they embody cultural and national pride, but they also reflect innovation and economic vitality, driving market success on both local and global stages.
 
Trademarks encompass a spectrum of elements: letters, sounds, colors, and even shapes, each uniquely crafted to distinguish goods and services in the marketplace.

In a competitive and rapidly evolving business world, trademarks have become vital tools, not just for legal trademark protection for your business, but also for fostering brand loyalty, enhancing recognition, and simplifying consumer choices.
 
Yet although registering a trademark in Canada can open doors to exclusive rights and international protection, it’s important to understand the Canadian trademark types to be able leverage their power more effectively.
 
In this post, we explore both conventional and non-conventional trademarks, their significance, and how businesses can use each to strengthen their market presence.

We also cover what can and cannot be registered, how to go about choosing the best trademark for your business to ensure long-term value and a competitive edge.

2. What is a Trademark? A Quick Overview

A trademark is a sign, word, or combination that distinguishes the goods or services of one business from another.
 
Its primary purpose is to protect brand identity and ensure consumer trust by preventing confusion about the source of products or services.
 
Examples of Canadian trademarks are all around us, from the logos of leading banks such as Scotiabank, RBC, and Bell Canada to tech giants such as Shopify, Hootsuite, and Clearco.
 
These trademarks represent innovation, reliability, and global recognition, reflecting the dynamic nature of Canada’s business landscape.

3. Why Trademarks Matter for Businesses

A registered trademark provides invaluable advantages for protecting and leveraging your brand. This includes:

• Direct Evidence of Ownership: Once a trademark is registered in Canada, it serves as official proof or prima facie evidence that you own your brand identity—whether it’s a name, logo, or slogan. 

And by protecting your unique brand identity, you create a solid foundation for building long-term value and competitive differentiation.

• Protection Against Similar Trademarks: Registering your trademark ensures that others cannot register or use a confusingly similar mark, protecting your brand’s reputation and recognition. 

This legal barrier to defend it against competitors enhances your market position, giving you a distinct edge in the marketplace.
 
It also fosters consumer trust, as people associate a registered trademark with quality and authenticity, encouraging loyalty and repeat business. 

• Enforcement of Rights: Trademark registration not only enables enforcement of your rights through legal action but also opens up opportunities for growth. 

For example, you can license your trademark, allowing other businesses to use it for a fee or on specific products, thus creating new revenue streams.
 
Over time, as your brand grows in popularity, this ability to leverage your trademark for additional business ventures enhances your overall business value. 

• Building Trust & Ensuring Long-Term Success: A registered trademark signals to customers that your brand is stable, reliable, and trustworthy. 

This perception is vital in gaining consumer loyalty and brand recognition, which in turn supports your long-term success.
 
As your business expands, having a legally protected trademark becomes even more valuable, safeguarding your business interests as you scale, attract investors, or venture into new markets.

4. Conventional Trademark Types in Canada

There are 3 conventional trademark types in Canada; each is designed to protect specific elements of a brand’s identity and help businesses stand out in competitive markets. 

• Ordinary Trademarks: These are the most common and encompass brand names, logos, slogans, and symbols. Ordinary trademarks secure the recognizable features of a brand, preventing others from using similar identifiers. They may include a memorable tagline or a company’s distinctive logo.

• Certification Marks: Certification marks indicate that products or services meet established standards related to quality, safety, or origin. These marks are typically managed by organizations responsible for assessing and verifying compliance. Examples include organic certification labels or Woolmark, used to signify products made of 100% pure new wool. 

• Distinguishing Guises: This category protects unique designs, shapes, or packaging styles associated with a specific brand. These trademarks emphasize the visual aspects that consumers come to recognize as part of a product’s identity. For example, a uniquely shaped beverage bottle or an iconic packaging design.

5. The Rise of Non-Conventional Trademarks in Canada

Non-conventional trademarks (NCTs) are reshaping the way brands connect with consumers by expanding beyond traditional logos, names, and symbols.
 
These trademarks tap into multiple senses—sight, sound, touch, smell, taste, and motion—to create a more immersive brand experience.
 
By offering a multi-sensory appeal, NCTs leave a memorable impression and help businesses differentiate themselves in a competitive market.

MGM set the precedent for sound marks as early as 2012. However, since 2019, Canada updated its Trademarks Act to include sound and non-traditional marks, enabling businesses to protect unique elements like sounds, colors, scents, and textures.
 
These elements must be proven to uniquely identify a product or service and differentiate it from competitors. Familiar examples of sound marks include the iconic MacBook startup chime, and McDonald’s signature five-note jingle.

6. What Can’t be Registered?

When applying for a Canada trademark, it's essential to avoid common trademark mistakes that could lead to rejection.
 
To ensure your application is successful, it’s crucial to understand these limitations and avoid potential pitfalls during the registration process:

• 1. Descriptive Marks: Trademarks that simply describe the qualities, features, or purpose of a product or service—such as “Fresh Baked Bread” for a bakery—are not eligible for registration in Canada.

These types of marks are considered too generic and could unfairly limit others in the industry from using common, descriptive terms.

Tip: Instead, opt for something more unique to ensure your trademark stands out while fostering fair competition.

• 2. Names of Goods or Services in Other Languages: Generic terms in any language, like "Pomme" for apples, cannot be registered as trademarks in Canada. 

These terms are considered public domain and must remain free for general use within an industry.
 
Tip: Use unique or invented words that evoke your brand identity while avoiding direct translations of common terms.

• 3. Places of Origin: Geographic names that imply a misleading origin—such as "Swiss Chocolate" for products not made in Switzerland—are ineligible for registration. 

This ensures consumers are not misled about the true origin of a product. 

Tip: Choose a name that reflects your brand’s story without implying a geographic connection that doesn’t exist. 

• 4. Names and Surnames: Common personal names or surnames, such as "Smith," generally cannot be registered unless they have acquired distinctiveness through extensive and exclusive use. This prevents monopolization of widely used names. 

Tip: Combine names with unique design elements or coined terms to create a more distinctive trademark. 

• 5. Misdescriptive Trademarks: Marks that mislead consumers about a product’s nature, quality, or features—such as "Genuine Leather" for non-leather goods—are not allowed. This protects consumers from deceptive branding practices. 

Tip: Ensure your trademark accurately represents your goods or services to build trust and credibility.

• 6. Confusion with Other Trademarks: Trademarks that are too similar to existing ones, such as "Koka-Kola" for a beverage, or “Mike” for a sneaker brand, are not registrable because they may confuse consumers and dilute the original trademark owner’s rights. Both of these examples were subject to respective infringement lawsuits by Coca Cola and Nike. 

Tip: Conduct a thorough trademark search to ensure your trademark is distinctive and doesn’t overlap with existing ones.
 
You can use our Canada trademark search tool to do this.

Figure 1. Nominus Trademark Search Tool. Source: Nominus.com 2025.

7. How to Choose the Right Trademark in Canada with Real Examples

Selecting the right trademark is vital for establishing a memorable and legally protected brand.
 
Beyond creativity, it must comply with the Trademarks Act, be unique, and avoid conflicts with existing marks.
 
The most effective trademarks are distinctive and not overly descriptive. Here are some recommendations together with real examples to guide your choice:
 
1. Consider a Made-Up Word or Coined Term: Invented words are highly distinctive, making them easier to register and enforce.
 
Real examples:

• SkipTheDishes: A coined phrase that has become synonymous with food delivery services in Canada.

• Koho: A modern fintech brand name that stands out due to its uniqueness. 

2. Select a Trademark Unrelated to your Goods or Services: Choosing a name with no direct association with the products or services your offer can make it more distinctive and memorable.

Real examples: 

• Lululemon: A name unrelated to athletic apparel but highly recognizable globally.

• Hudson’s Bay: A retail brand with a name rooted in Canadian history, yet unrelated to modern retail products. 

3. Consider Global Expansion: If you're considering expanding your business internationally, it's essential to evaluate how your trademark translates into other languages and cultures. Before filing, research how your trademark might be perceived in key international markets and consider using a name that works across borders.
 
A name that resonates well in Canada may carry unintended meanings or lose its distinctiveness in different markets. This is also true with regards to cultural misappropriation.

For example, brands such as the Edmonton Elks in Canada and the Cleveland Guardians in the U.S. and have rebranded in recent years to move away from culturally insensitive names.

Using Indigenous names or symbols as trademarks could be seen as disrespectful or exploitative if not done in collaboration with or with the approval of the Indigenous people associated with those symbols.

This aligns with broader cultural shifts to avoid exploiting cultural heritage for commercial gain.

For detailed tips on how to register a trademark in Canada, please see our article: Steps to register a trademark with the Canadian intellectual property office.

8. Conclusion

Understanding the different trademark types in Canada and how they can protect your brand is vital for any business looking to secure its market position.
 
Whether you're considering a word mark, design mark, certification mark, or non-traditional trademark, each type offers unique advantages depending on the nature of your business.
 
A registered trademark not only protects your brand identity but also deters counterfeiters and enhances customer trust.
 
It can increase investor confidence, foster partnerships, and even become a source of revenue through licensing agreements.
 
By choosing the right trademark and registering it, you are taking an important step towards ensuring your brand's long-term success and distinctiveness in the marketplace.

To Register a Trademark in Canada, click here and start protecting your brand today.

9. Related articles

1. 5 Reasons to Register Your Trademark in Canada

2. Steps to Register a Trademark with the Canadian Intellectual Property Office (CIPO)

3. Exploring Popular .CA Domains: Canada's Digital Landscape Overview