How to Use Trademark Symbols to Signify Ownership in Canada

As business owners, or consumers, you may already be aware of the trademark symbols shown on company assets. Trademarks can range from logos, color combinations, images and much more. You have mostly seen the ™ or the  ® on commercial products.

The Trademarks Act does not require that trademarks be marked, however the following symbols are commonly used to identify a trademark used in business:

• ® (Registered)
• ™ (Trademark)
• MC (Marque de commerce)
• MD (Marque déposée)

Registered & Marque déposée‍

The symbol  ® represents as a notice of a registered owner and means that a trademark has been officially registered. The french translation of registered trademark is Marque Deposee, with the registered trademark symbol being MD.

Trademark & Marque de commerce

‍The symbol  ™ represents the intention to file a trademark or a pending status of a trademark. The trademark symbol in English is ™, while in French the symbol MC is used to symbolize ownership, which stands for Marque de Commerce.

Of course, using a trademark symbol on branding that does not belong to you can have competitors launch a lawsuit if it is owned by them. Some of the most frequently asked questions about trademark usage and protection, include:

How long do trademark last in Canada?

‍Currently, trademarks can be renewed every 15 years in Canada. However, with new trademark law being implemented on June 17th, 2019, renewals will be reduced from 15 years to 10 years. Filing a trademark application prior to the implementation of the new trademark laws may all you to save on some fees.

How long can it take to get a trademark in Canada?

‍On average, it takes 18 - 24 months from filing through to registration assuming that no major issues arise during examination and no opposition to the application is made.

What’s the difference between ™ and  ® (Registered) and when do I use it?

‍The symbol ™ can be used on brands that have not yet registered their brand name as a trademark. The ™ may be used whether or not a brand owner intends to file a trademark application or not and may continue to be used while a trademark application goes through the registration process. You can use the Registered symbol when your trademark is officially registered. Caution should be used when using the ® symbol as different countries have different regulations regarding its use. For multi-national corporations, it may be beneficial to hold off on utilizing the ® symbol until after registration has been obtained in every country in which the trademark is used.

How Do I apply for a trademark in Canada?

‍You can either apply for a trademark online or with the assistance of a trademark agent or lawyer. The governmental fees to submit a trademark application online is currently $250 and is non-refundable if your trademark is rejected. The governmental fees are set to increase with the implementation of the new trademarks laws in June 2019.

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