Does my US trademark protect me in Canada?

Why doesn't a US trademark cover Canada?

Trademark rights are territorial. The USPTO's overseas IP toolkit states that patents and trademarks are territorial and must be filed in each country where protection is sought, and that a US patent or trademark does not afford protection in another country.

The Canadian Intellectual Property Office (CIPO) says the same thing from the other side. Its trademarks guide says registering your trademark with the Registrar protects your rights in Canada only. Your US registration is a strong asset at home. It is not a Canadian right.

How do trademark rights arise in Canada?

Two ways. The first is registration with CIPO. The second is use. CIPO says you do not have to register a trademark, and that using a mark for a period may give you common law rights. It adds that disputes over unregistered marks can be lengthy and costly.

Use is also a risk factor. Under section 16 of the Trademarks Act, an applicant is entitled to registration unless, at the filing date or the date of first use in Canada (whichever is earlier), the mark was confusing with a prior mark, a pending application or a trade name. So another business that used or applied for a similar mark in Canada before you can stand in your way. Canada recognises both registered marks and earlier use, and we are not going to boil that down to a slogan.

Why does the filing date matter?

CIPO says the filing date is the date used to assess who is entitled to registration. That matters most when two co-pending applications are confusingly similar. If a copycat or a distributor files a Canadian application for your brand name before you do, you may be fighting from behind.

This is the practical reason brand owners expanding into Canada look at filing early, before a listing on amazon.ca or ebay.ca draws attention to the brand.

What does a Canadian registration give me?

CIPO says a registration lasts 10 years from the registration date and can be renewed every 10 years for a fee. Registration gives you the sole right to use the mark across Canada for that period.

There is a use requirement, too. CIPO says that after three years from registration the Registrar can start summary expungement proceedings. The owner must then show use in Canada during the last three years or prove special circumstances. If the owner does not reply, the mark is liable to be expunged. A registration that sits unused is not a safe asset.

Should I file with CIPO directly or designate Canada through Madrid?

Both routes exist, and CIPO describes each.

• A direct CIPO application. You file a Canadian application, and CIPO examines it. CIPO says you do not have to hire an agent, but that it is often advisable. It also notes that unregistered trademark agents are not authorized to represent applicants in prosecuting applications.
• A Madrid designation. CIPO's Madrid Protocol page says Canada can be designated in an international registration filed from outside Canada, initially or later. CIPO then handles it as a Protocol application and generally follows the same procedure as a national application. Correspondence can be in English or French. If the named WIPO representative is not a trademark agent with a Canadian address, CIPO sends a courtesy letter and then writes to the applicant or to an appointed Canadian agent with a Canadian address.

A Madrid filing needs a basic mark at your home office, and a designation does not replace Canadian examination. We have not compared fees or timelines for the two routes, so we do not quote any. That comparison belongs with a qualified Canadian trademark agent or counsel.

What does this mean for Amazon.ca and eBay.ca?

Amazon says the trademark for Brand Registry must be issued by the designated government trademark office of a country with a corresponding Amazon store, and it recommends submitting a trademark for each store you want to sell in. Its Brand Registry page lists Canada among its stores. The page does not say which national offices are accepted for each store, and we have not confirmed that a US-only mark enrols a brand on amazon.ca. Treat that as an open question to settle before you plan around it.

eBay.ca's VeRO program is open to rights owners and their authorized representatives, and reports go through a Notice of Claimed Infringement form or the VeRO Portal. Each platform decides what to remove under its own policy, and a clear Canadian right makes your report easier to support.

Copyright is separate. CIPO says copyright exists once an original work is created and fixed in a material form, so product photos you took yourself can support a claim without any Canadian filing. We cover that in our post on Canada and DMCA-style takedowns.

This is general information, not legal advice.

What we do

Hauserman Listing Guard is not a law firm. We monitor Amazon.ca and eBay.ca, prepare the evidence, file human-reviewed notices as the brand owner's authorized agent, and confirm each listing comes down. Where Canadian legal work is needed, we coordinate qualified Canadian counsel so you keep one point of contact. See our Canada brand protection page for coverage and the sources behind these statements.

Sources

• USPTO: Protecting intellectual property rights overseas
• CIPO: Trademarks guide
• CIPO: International trademarks under the Madrid Protocol
• Trademarks Act, section 16
• Amazon: Brand Registry (Canada)
• eBay.ca: VeRO program