You generally cannot trademark a foreign word in Canada if it is the direct translation of a descriptive word related to your goods. CIPO explicitly bans registering the name of a product in any language. Government filing fees to secure a distinctive trademark currently start at $491.06 CAD.
Canada is a beautifully diverse country, and thriving metropolitan areas like Toronto, Montreal, and Vancouver are home to countless businesses celebrating global cultures. It is incredibly common for business owners to use foreign languages in their branding to honour their heritage or appeal to specific communities. However, when it comes time to register that brand with the Canadian Intellectual Property Office (CIPO), linguistic creativity can hit a legal wall.
A common misconception is that if a word is in Spanish, Mandarin, or Italian, it is automatically unique and registrable in Canada. 📖 This is false. Under the Canadian Trademarks Act, examiners will actively translate your proposed brand name into English and French. If the foreign word simply describes the product you are selling, your application will likely be rejected for being clearly descriptive or being the exact name of the goods in another language.
Step-by-Step Process: Registering a Foreign Trademark in Canada
Whether your business operates out of a storefront in Calgary or an office in Ottawa, federal trademark laws apply equally. To successfully register a foreign word, you must navigate CIPO’s strict evaluation process. Here is the general step-by-step approach taken by applicants and their trademark lawyers.
Step 1: Translating the Word into English and French
Before spending money on an application, determine the exact meaning of the foreign word. 🔍 CIPO examiners use standard dictionaries to translate your brand. For example, if you want to sell beer and your proposed trademark is “Cerveza” (Spanish for beer), the examiner will treat it exactly as if you were trying to trademark the English word “Beer.”
Step 2: Assessing Descriptiveness
You must evaluate whether the translated word is “clearly descriptive” or “deceptively misdescriptive” of your goods. If the translated word describes the character, quality, or place of origin of your product, it cannot be registered. You cannot gain a monopoly over a word that other Canadian merchants legitimately need to describe their own products.
Step 3: Adding Distinctive Elements
If your foreign word is somewhat descriptive, you can increase your chances of approval by adding distinctive elements. 🎨 Instead of applying for a “standard character” word mark, a law firm might advise you to file a design mark. This means you register the word accompanied by a highly unique, customized logo or stylized font that sets your brand apart.
Step 4: Filing the Application with CIPO
When you formally submit your application online, you must explicitly state that the word is in a foreign language and provide its English or French translation. Failing to disclose the translation can result in your application being delayed or invalidated later for providing false information.
How Much Does it Cost in Canada?
Securing a trademark for your brand involves federal government filing fees, and often, legal fees to ensure the application is structured correctly. Here is an outline of the typical costs in CAD you can expect when applying for a trademark in Canada:
- CIPO Application Fee: $491.06 CAD for the first class of goods or services.
- Additional Classes: $149.04 CAD for every additional class you include in your application.
- Comprehensive Trademark Search: Before applying, a law firm will usually charge $500 to $1,200 CAD to search Canadian databases for similar foreign or domestic words.
- Lawyer Filing Fees: Hiring a registered trademark agent or lawyer to prepare and file your application generally costs between $800 and $1,500 CAD.
| Trademark Example | Goods/Services | Likely CIPO Decision |
|---|---|---|
| “Cerveza” (Spanish) | Selling Beer | Rejected (Name of the goods in a foreign language) |
| “Bambino” (Italian) | Children’s Clothing | Rejected (Clearly descriptive of the target market) |
| “Cerveza” (Spanish) | Selling Shoes | Approved (Unique and arbitrary for this specific product) |
How Long Does the Process Take?
As of June 2026, CIPO has successfully cleared its historical backlog of trademark applications. It now generally takes around 7 to 9 months (averaging approximately 7.9 months) for an examiner to perform the initial review of your application. ⌛ If the examiner issues an objection based on the translation or descriptiveness of your foreign word, responding to it can push the total timeline to between 18 and 24 months.
If you have to prove that your descriptive foreign word has acquired “secondary meaning” (meaning Canadians have strongly associated the descriptive word exclusively with your business over many years), compiling the necessary sales evidence and affidavits can take several additional months.
Frequently Asked Questions (FAQ)
Do I have to provide the translation in my application?
Yes. The Canadian Trademarks Act regulations require you to provide a translation of any words in your trademark that are in a language other than English or French.
What if the foreign word is from a dead language, like Latin?
CIPO will still evaluate it. The Trademarks Act prohibits registering the name of the goods in “any language,” which includes dead languages, Indigenous languages, and obscure regional dialects.
Can I trademark a misspelled foreign word?
Generally, no. CIPO evaluates words based on how they sound when spoken. If your deliberately misspelled word sounds exactly like the descriptive foreign word, it will still face an objection.
What is an arbitrary trademark?
An arbitrary mark uses a common word applied to an unrelated product. For example, using the Spanish word for Apple (“Manzana”) to sell computers is arbitrary and highly registrable, just like the English brand Apple.
Will a translation objection kill my application entirely?
Not necessarily. You or your lawyer can argue against the examiner’s logic, submit evidence of secondary meaning, or try to amend the application to rely heavily on the visual design rather than the word itself.
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