You found the perfect name, you registered it with the Registraire des entreprises, and you assume your brand is protected. In reality, registering with the REQ makes your name public without necessarily granting you an exclusive right to it. Real brand protection comes from the Trademarks Act, a federal statute administered by the Canadian Intellectual Property Office (CIPO). Here is the difference between a name and a trademark, what registration actually gives you, how to obtain one, and what Quebec requires when it comes to the French language.
A business name, a corporate name and a trademark are three different things
Three protections that have nothing to do with one another are easily confused. A name registered at the REQ serves legal publicity: it says who runs the business, without necessarily stopping another person from using a similar name elsewhere in Quebec or Canada. The corporate name, for its part, is the official name of a corporation as it appears in its constituting documents. A trademark, finally, protects the signs that distinguish your goods and services from your competitors': a word, a logo, a slogan, sometimes a shape or a colour. In practice, a business name will often serve as the corporate name and as the trademark too, which brings several overlapping statutes into play.
Two businesses can carry nearly identical names on the register for years without anyone stepping in. But if one of them registers its name as a trademark, it gains exclusivity across Canada for the covered goods and services, and can oppose the other.
What a registered trademark gives you (and what the ™ does not)
Registering a mark under the Trademarks Act grants an exclusive right to use it throughout Canada, for the goods and services described in the registration, for ten years and renewable indefinitely. Registration also creates a presumption of validity: in a dispute, the other side has to prove it held earlier rights, a significant advantage in court.
Without registration you are not without recourse, but your protection is limited geographically, and you cannot rely on the full range of protections set out in the Trademarks Act. That is potentially slower and less certain to enforce. As for symbols: the ™ can accompany any mark, registered or not, and grants no right on its own; the ® must be reserved for a mark actually registered in Canada. Using it on an unregistered mark can falsely suggest the mark is registered and expose you to liability.
How to register a trademark in Canada
The process follows a few steps. First, a search of CIPO's Canadian Trademarks Database, rounded out by a check of names and marks already in use, to assess availability and the risk of confusion. Then the application is filed with CIPO, where you describe your goods and services precisely and classify them under the Nice Classification: this description defines the exact scope of your protection, which is why getting it right matters.
Next comes examination by CIPO, which reviews the mark's distinctiveness and the absence of confusion with existing marks, among other things. If the application is approved, it is advertised in the Trademarks Journal, opening a two-month opposition window during which a third party can challenge it. Absent a successful opposition, the mark is registered. The whole process generally stretches over more than a year, and registration is never guaranteed in advance: a lawyer's role is precisely to secure the search, the goods-and-services description, and the responses to objections or oppositions.
Trademarks in Quebec: the Charter and signage
A trademark is federal, but using it in Quebec runs into the Charter of the French language. Since June 1, 2025, on public signage visible from outside, French must be markedly predominant. So even where a trademark is validly registered, it is essential to account for Quebec's signage rules before investing in a storefront sign, and to obtain a legal opinion beforehand if needed.
Our article on corporate law in Quebec places trademarks among a company's other protections.
FAQ
Q: Does registering my business at the REQ protect my trademark?
A: Yes, but only to a limited extent. The registration can serve as prima facie proof that you were the first to use a name or a mark, which may help in a future claim. That said, only a registered trademark gives Canada-wide exclusivity for the covered goods and services, along with the robust protections of the Trademarks Act.
Q: Do I need to register my mark, or is the ™ enough?
A: The ™ can be used on a mark whether registered or not and grants no right on its own. The ® is reserved for a mark actually registered in Canada and signals much stronger protection.
Q: How long is a registered trademark protected?
A: Ten years, renewable indefinitely in ten-year terms, as long as the mark stays in use.
Building a brand that matters to your business? Contact us: Me Jimmy Oppedisano can check your mark's availability and guide you through registering it with CIPO.
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