Frequently Asked Questions

In this section, we’ve gathered the most common questions applicants ask when it comes to business immigration to Canada, starting and managing a business, or resolving legal disputes.

If you don’t find the answer you’re looking for, simply fill out the contact form and the Shekarian Law Group team will review your case in detail and provide tailored guidance.

How can I protect my brand internationally?

If your market extends beyond Canada, it’s recommended to register your brand internationally through the Madrid Protocol or by filing directly in target countries.

By implementing a global IP strategy, you can protect your brand against imitation worldwide and significantly increase its commercial value.

Can a trademark be renewed or transferred in Canada?

Yes. A registered trademark in Canada is valid for 10 years and can be renewed before expiry. It is also a transferable business asset, meaning it can be sold or assigned to another entity.

To make the transfer legally binding, an Assignment Agreement must be officially recorded with CIPO.

What is the lawyer’s role in preventing brand conflicts?

An IP lawyer performs a pre-filing legal search, identifies potential conflicts, and designs an optimal filing strategy.

They also draft key legal agreements such as NDAs, IP Transfer Agreements, and Brand Licensing Contracts to prevent future disputes and safeguard your business interests.

What should I do if a competitor uses a similar brand?

If your trademark is registered, your lawyer can immediately issue a Cease and Desist Letter and, if necessary, initiate a Trademark Infringement Claim.

Trademark registration provides the legal foundation for any effective enforcement action in Canada.

What’s the difference between Copyright and Trademark?

Copyright protects creative works such as text, design, music, or software, and it arises automatically upon creation—though formal registration in Canada strengthens your ownership claim. A Trademark, registered with CIPO, protects names, logos, and business slogans.

How much does trademark registration in Canada cost, and how long is it valid?

The official government fee for trademark registration in Canada ranges from CAD $300 to $1,000, depending on the number of classes. Each registration is valid for 10 years and can be renewed indefinitely.

From a legal standpoint, this small investment creates a powerful legal shield that protects your brand’s identity and business reputation.

How can I know if my brand or logo is eligible for registration?

Trademark eligibility depends on distinctiveness and the absence of conflicts with existing trademarks.

Before applying to CIPO, your lawyer conducts a Comprehensive Trademark Search to identify potential risks and confirm that your mark is legally protectable and has a strong chance of approval.

What are the steps to register a trademark in Canada?

The CIPO trademark registration process includes four main stages:

Preliminary search to check availability,

Filing the official application,

Examination by a trademark officer, and

Publication and final registration.

The process typically takes 12–18 months, but with the guidance of an intellectual property lawyer, the risk of rejection can be minimized.

What are the risks of not registering my brand or logo?

An unregistered brand is vulnerable. Another company could register the same name, forcing you to change your brand identity, domain, or even product packaging. Legally, without a registered trademark, you have no enforceable ownership rights, making it difficult to prove or defend your brand in case of disputes.

What’s the difference between company registration and trademark registration in Canada?

Registering your company only gives you the legal right to operate — not brand protection. However, trademark registration with the Canadian Intellectual Property Office (CIPO) grants you exclusive rights to use your name or logo nationwide. Without formal registration, you have no legal tools to stop competitors from using or copying your brand.

Shekarian Law PC is a professional corporation licensed by the Law Society of Ontario. We provide strategic legal counsel to founders, investors, and companies building, expanding, and operating in Canada, including cross-border and regulatory matters.