Under the Canadian Trademarks Act, you cannot trademark a coat of arms, family crest, or heraldry that resembles an official government insignia, the Canadian flag, or Royal Arms without explicit permission. You must apply to the Canadian Intellectual Property Office (CIPO) to register a unique family crest, ensuring it does not violate Prohibited Marks regulations.
Family crests and coats of arms carry a deep sense of heritage and prestige. Many businesses across Canada, from wineries in British Columbia to bespoke tailors in Toronto, wish to use these historical symbols as their corporate branding. However, Canadian intellectual property law treats heraldry much more strictly than standard logos. 🏰
In Canada, the right to bear an authentic coat of arms is actually granted by the Canadian Heraldic Authority, acting on behalf of the Crown. But if you simply want to register a custom crest as a business logo, you must apply for a trademark through the Canadian Intellectual Property Office (CIPO). Navigating the intersection between official heraldry rules and federal trademark law requires a strategic approach with a local intellectual property lawyer.
Step-by-Step Process in Canada for Trademarking a Crest
Before you invest in branding, you must ensure your crest does not violate Section 9 of the Trademarks Act, which strictly guards official symbols. Here is how the process generally works.
Step 1: Conducting a Prohibited Marks Search
Your law firm will first search the CIPO database not just for similar business logos, but specifically for ‘Prohibited Marks’. You cannot register anything that incorporates the Canadian flag, the Royal Crown, or the crests of the RCMP, Armed Forces, or any provincial, municipal, or foreign governments. If your family crest looks too much like the official Coat of Arms of Ontario, for example, your application will be instantly rejected. 🔍
Step 2: Redesigning to Avoid Official Heraldry
If your crest includes sensitive elements, you may need to hire a graphic designer to alter it. Modifying crowns, removing official maple leaf motifs, or altering the specific shape of the shield can help distinguish your commercial logo from protected national symbols. Your lawyer will guide you on what elements are safe to use in the commercial marketplace.
Step 3: Filing the Application with CIPO
Once cleared, your lawyer will draft and file the trademark application with CIPO. You must clearly identify the specific goods or services (the ‘classes’) that you will sell using this crest. Because crests are highly detailed, you must submit a clear, high-resolution black-and-white or colour representation of the mark, outlining every visual feature.
How Much Does it Cost in Canada?
Registering a highly detailed crest involves government filing fees and professional legal guidance. Under current guidelines, expect the following costs in CAD:
- CIPO Filing Fees: The standard government fee to file an application online is $491.06 CAD for the first class of goods/services, plus $149.04 CAD for each additional class.
- Trademark Search Fees: A comprehensive clearance search by a law firm typically costs $500 to $1,200 CAD.
- Lawyer Fees: Retaining an IP lawyer to draft and file the application, and respond to basic CIPO objections, usually ranges from $1,500 to $3,000 CAD.
How Long Does the Process Take?
Trademark registration in Canada is a lengthy process. Currently, it takes CIPO approximately 7 to 9 months just to examine an application. If an examiner flags your crest for resembling an official mark, arguing your case can delay the process by another 6 to 12 months. Overall, expect the entire journey from filing to official registration to take 12 to 18 months.
| Type of Symbol | Trademark Status in Canada |
|---|---|
| Custom Commercial Crest | Eligible for CIPO trademark if unique and tied to goods/services. |
| Royal Crown or Royal Family Crests | Strictly prohibited under Section 9 without His Majesty’s permission or the permission of the Crown. |
| Authentic Heraldry (Granted Arms) | Granted by Canadian Heraldic Authority; protected from commercial theft. |
Frequently Asked Questions (FAQ)
Can I trademark my family’s historical European crest?
It is very difficult. If the crest is a recognized official mark of a foreign state, it is likely protected by international treaties and prohibited in Canada. Furthermore, historical crests are often in the public domain or claimed by other descendants, making them hard to monopolize for business.
Do I need a trademark if the Canadian Heraldic Authority granted me arms?
Yes, if you want commercial protection. A grant of arms gives you personal honour, but a CIPO trademark gives you the legal monopoly to use that image to sell specific products, like wine or clothing, across Canada.
Can I use the term ‘Royal’ in my crest’s text?
Generally, no. The Trademarks Act prohibits using words or symbols that suggest a false connection to the Crown or the Royal Family. If your brand is ‘Royal Paving’, you may face scrutiny unless you can prove no public confusion will occur.
What happens if someone steals my registered crest?
Once registered with CIPO, you have the exclusive right to use the crest in Canada. Your law firm can send a cease-and-desist letter or sue the infringing party in Federal Court for trademark infringement and claim financial damages.
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