Registering a trademark for your Prince Edward Island business through the Canadian Intellectual Property Office (CIPO) currently takes an average of 2 to 3 years. The basic government filing fee for a trademark application in 2026 is $359 CAD.
Your business name, logo, and slogans are some of the most valuable assets your company owns. In Prince Edward Island, simply registering your business name with the provincial corporate registry does not grant you exclusive rights to use that name across the country. To properly protect your brand, you must register a formal trademark.
Trademarks in Canada are managed at the federal level by the Canadian Intellectual Property Office (CIPO). Navigating the strict federal guidelines can be incredibly complicated, so we recommend browsing our directory to connect with a qualified trademark agent or commercial lawyer to handle your application correctly.
Step-by-Step Trademark Registration Process in Canada
Whether your business operates out of Charlottetown or Summerside, the federal trademark process is exactly the same. Following the correct steps ensures your application isn’t rejected halfway through the long wait time. 📝
Step 1: Conducting a Trademark Search
Before applying, you or your lawyer must search the Canadian Trademarks Database. If another business already owns a confusingly similar name or logo in your industry, your application will be refused. A thorough search is essential to avoid wasting time and money.
Step 2: Preparing the Application
You must accurately describe your goods or services using the international “Nice Classification” system. For example, clothing is Class 25, while restaurant services fall under Class 43. An error in classification can severely delay your filing.
Step 3: CIPO Examination
Once submitted, your application waits in a queue. An examiner at CIPO will eventually review it to ensure it complies with the Trademarks Act. If they find issues, they will issue an “Examiner’s Report,” and you will have a specific timeframe to respond and fix the application.
Step 4: Publication and Final Registration
If the examiner approves your mark, it is published in the Trademarks Journal. Any third party has two months to oppose your registration. If no one opposes it, CIPO will issue your official Certificate of Registration.
How Much Does it Cost in Prince Edward Island?
Securing a trademark involves both federal government fees and professional legal fees. As of May 2026, you must pay the government fees directly through CIPO’s online portal. 💰
- CIPO Filing Fees: The mandatory government fee to file an online trademark application is $359 CAD for the first class of goods or services. If you need to register additional classes, it costs an extra $110 CAD per class.
- Professional Search Fees: A lawyer will typically charge between $400 and $800 CAD to conduct a comprehensive legal search and provide a risk opinion before you file.
- Lawyer Drafting Fees: To handle the entire application process, most PEI commercial lawyers or trademark agents charge a flat fee ranging from $1,000 to $2,000 CAD, plus government fees.
| Trademark Expense Type | Cost (CAD) |
|---|---|
| CIPO Application Fee (First Class) | $359 |
| CIPO Additional Class Fee | $110 per extra class |
| Lawyer Application Package | $1,000 – $2,000+ |
How Long Does the Process Take?
Patience is required when protecting intellectual property in Canada. Currently, it takes approximately 18 to 24 months just for a CIPO examiner to look at your application for the first time. The entire process-from filing the initial paperwork to receiving your official Certificate of Registration-typically takes between 2 and 3 years. Once registered, your trademark is valid for 10 years before it requires renewal.
Frequently Asked Questions (FAQ)
Do I need a lawyer to file a trademark?
You are not legally required to hire a lawyer; you can file directly with CIPO as a self-represented business owner. However, minor mistakes in classification or failing to respond to an Examiner’s Report correctly can result in your application being permanently abandoned.
Is my PEI business name automatically trademarked?
No. Registering your incorporated business name with the Prince Edward Island Corporate Registry only prevents other businesses from incorporating with the exact same name in PEI. It does not give you national trademark rights or protect your logo.
Can I protect my trademark while waiting for registration?
Yes. Once you file your application, you have a “pending” trademark. If someone tries to copy your brand during the waiting period, you can still rely on “Common Law” trademark rights to issue cease and desist letters, though enforcement is more difficult than having a registered mark.
Does a Canadian trademark protect me in the US?
No, trademarks are strictly territorial. A Canadian registration only protects your brand within Canada. If you sell products or services in the United States, you must file a separate application with the United States Patent and Trademark Office (USPTO).
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