How to Protect Your Brand from Infringement in Canada in 2025

Many of my clients who look to sell products across Canada and worldwide, usually seek protection for their tradename.

Protecting your brand from infringement is essential for maintaining your business’s identity, reputation, and market position.

In Canada, intellectual property (IP) law — primarily governed by the Trademarks Act and enforced through the Canadian Intellectual Property Office (CIPO) — provides various tools to help businesses secure and defend their brands.

As the business landscape continues to evolve in 2025, understanding the legal framework and adopting proactive strategies are key to safeguarding your brand from unauthorized use.

1. Register Your Trademark

The most effective way to protect your brand is to register your trademark with CIPO. A registered trademark grants the owner:

• Exclusive rights to use the mark across Canada in connection with the registered goods or services.

• Legal grounds to prevent others from using a similar mark that could cause confusion in the marketplace.

• The ability to enforce trademark rights through cease and desist letters, administrative proceedings, and litigation.

What Can Be Registered:

• Business names, logos, slogans, and product names.

• Distinctive sounds, shapes, colors, and even packaging.

• Personal names and initials (if they meet the distinctiveness requirement).

2. Monitor and Enforce Your Trademark Rights

Regularly monitor the market for unauthorized use of your brand or confusingly similar marks. Tools like trademark watch services and online monitoring platforms can help detect potential infringements early.

If infringement is detected:

• Send a Cease and Desist Letter: A formal letter demanding that the infringing party stop using your mark.

• Oppose Trademark Applications: If a conflicting mark is filed with CIPO, you can file an opposition to prevent its registration.

• Litigation: If necessary, you can pursue legal action through the Federal Court of Canada for trademark infringement.

3. Protect Your Brand Online

In 2025, digital brand protection is more critical than ever:

• Domain Names: Register your brand name as a domain and secure similar variations to prevent cybersquatting.

• Social Media Handles: Secure your brand’s presence on major platforms to prevent impersonation and misuse.

• Online Counterfeiting: Work with platforms like Amazon, eBay, and Shopify to report and remove counterfeit goods using your trademark.

4. Use Your Trademark Consistently

Under Canadian law, failure to use a registered trademark within three years of registration may lead to its cancellation for non-use. Ensure your trademark is consistently used on products, services, marketing materials, and online platforms to maintain its legal protection.

5. Educate Your Team and Partners

Ensure that your employees, business partners, and licensees understand how to use your trademark correctly. Misuse or inconsistent use can weaken your mark’s distinctiveness and jeopardize legal protection.

6. Renew and Maintain Your Trademark

Trademarks in Canada must be renewed every 10 years to remain in force. Monitor renewal deadlines and ensure that your registration reflects any changes in your business activities or brand identity.

Conclusion

Protecting your brand from infringement in Canada in 2025 requires a combination of legal registration, proactive monitoring, and strategic enforcement. By securing your trademark, actively defending your rights, and maintaining a consistent brand presence, you can safeguard your business from potential threats and strengthen your market position.