U.S. Trademark Protection for Canadian Brands
For most Canadian brands, the U.S. is the first export market and the largest. A CIPO registration gives no rights south of the border, and the USPTO requires Canadian owners to use a U.S.-licensed attorney. We file for Canadian companies directly or through the Madrid Protocol, and work alongside their Canadian trademark agents.
Canadian trademark filings at the USPTO, 2021 to 2026
Canada was the second-largest U.S. trading partner in goods and services in 2025. Canadian owners file more U.S. trademark applications than owners from any other country in the Americas, led by software, retail, and technology services.
U.S. applications filed by Canadian owners
Applications per filing year from owners with an address in Canada. The 2026 bar covers January through September.
View data table
| Filing year | Filed | Registered to date | Via Madrid |
|---|---|---|---|
| 2021 | 11,097 | 6,080 | 579 |
| 2022 | 9,512 | 5,052 | 523 |
| 2023 | 8,759 | 4,583 | 472 |
| 2024 | 8,735 | 4,140 | 519 |
| 2025 | 7,860 | 2,389 | 505 |
| 2026 (Jan.–Sept.) | 5,655 | 293 | 384 |
Most common classes in Canadian filings
Applications naming each class, 2021 to 2025. A filing can name more than one class.
Canada's leading sectors: software and consumer electronics; retail and apparel; technology services; education and entertainment; natural health products.
Top five Canada-based owners of live U.S. trademark registrations
Current owners with an address in Canada, ranked by the live U.S. registrations they hold. In all, 68,023 live U.S. registrations list an owner in Canada.
View data table
| Rank | Owner | Live U.S. registrations |
|---|---|---|
| 1 | Maison Battat Inc. | 623 |
| 2 | Spin Master Ltd. | 367 |
| 3 | IGT Canada Solutions ULC | 199 |
| 4 | Aritzia LP | 180 |
| 5 | Astral IP Enterprise Ltd. | 175 |
Counts the last listed owner of each live registration, grouping variations of the same company name. Registrations held through U.S. subsidiaries are not included.
How we counted. USPTO trademark records, retrieved October 27, 2026, counting applications by filing date where an owner's address is in Canada. Brands owned through U.S. subsidiaries are counted under the U.S. The "registered" figures include registrations later cancelled.
How Canadian applications fare at the USPTO
The USPTO issued 6,952 registrations to Canadian owners in 2025, up 39% from 2021. Today, 68,158 live U.S. registrations and 15,999 pending applications name an owner in Canada.
Applications filed and registrations issued
Applications by filing year, and registrations by the year they issued. A registration usually issues 12 to 18 months after filing.
View data table
| Year | Applications filed | Registrations issued |
|---|---|---|
| 2021 | 11,097 | 5,019 |
| 2022 | 9,512 | 4,869 |
| 2023 | 8,759 | 5,204 |
| 2024 | 8,735 | 5,700 |
| 2025 | 7,860 | 6,952 |
How Canadian owners file: the filing basis
Share of 2021–2025 applications claiming each basis. An application can claim more than one.
Intent to use lets a brand reserve its U.S. rights before launch. Madrid designations account for 6%.
View data table
| Basis | Applications | Share |
|---|---|---|
| Intent to use · § 1(b) | 28,599 | 62% |
| Use in U.S. commerce · § 1(a) | 12,263 | 27% |
| Home registration · § 44(e) | 1,532 | 3% |
| Priority claim · § 44(d) | 15,294 | 33% |
| Madrid designation · § 66(a) | 2,598 | 6% |
What happened to Canadian applications, by filing year
Status today of applications filed each year. Recent years are still largely pending.
View data table
| Filing year | Registered | Abandoned | Pending or other |
|---|---|---|---|
| 2021 filings | 6,080 | 4,296 | 721 |
| 2022 filings | 5,052 | 3,324 | 1,136 |
| 2023 filings | 4,583 | 2,718 | 1,458 |
| 2024 filings | 4,140 | 2,373 | 2,222 |
| 2025 filings | 2,389 | 1,257 | 4,214 |
Most abandonments follow an unanswered USPTO refusal or a missed deadline to file a statement of use. Both are avoidable with a U.S. attorney docketing the file.
Close neighbours, different systems
U.S. use matters. Since Canada's 2019 reforms, a CIPO registration no longer requires use. The U.S. still does: a use-based application needs sales in U.S. commerce, and every registration must be supported by U.S. use between years 5 and 6.
Goods descriptions differ. CIPO accepts wording the USPTO considers too broad. Descriptions copied into a U.S. filing or a Madrid designation are a leading cause of refusals.
A U.S. attorney is required. Before 2019, registered Canadian agents could act at the USPTO for Canadian clients. That is no longer the case: Canadian owners must now be represented by a U.S.-licensed attorney.
Selling into the U.S.
- Amazon Brand Registry: Amazon recommends a trademark for each store you sell in, which for Amazon.com means a USPTO filing
- U.S. Customs recordation stops counterfeit imports at the border
- File in the name of the Canadian company that owns the brand, not the U.S. distributor
- Claim priority from your CIPO application within six months
Madrid designation or direct filing
A Madrid designation through CIPO
Canada joined the Madrid Protocol on June 17, 2019. A Canadian owner can file an international application through CIPO, based on its Canadian application or registration, and designate the United States. For five years the U.S. protection depends on the Canadian filing.
A direct USPTO application
Based on U.S. use, an intent to use, a priority claim to the CIPO filing within six months, or the CIPO registration under Section 44(e). It stands on its own and uses U.S. wording from the start.
What it costs to enter the U.S. through the Madrid Protocol
A Canadian owner designating the United States pays WIPO in Swiss francs: a basic fee for the international application and the U.S. individual fee for each class. Once the designation reaches the USPTO, it is examined like any U.S. application, with no further USPTO filing fee.
| Example: black-and-white mark, U.S. designated only | 1 class | 2 classes | 3 classes |
|---|---|---|---|
| WIPO basic fee | CHF 653 | CHF 653 | CHF 653 |
| U.S. individual fee | CHF 460 | CHF 920 | CHF 1,380 |
| WIPO total to enter the U.S. | CHF 1,113 | CHF 1,573 | CHF 2,033 |
| For comparison: direct USPTO application | $350 | $700 | $1,050 |
Government fees only. Each additional country designated in the same application adds its own fee, which is why Madrid is usually most economical when several countries are needed. Later U.S. costs include any response to a USPTO refusal and the Section 71 declaration of use between years 5 and 6 ($325 per class). WIPO fees are fixed in Swiss francs; check the WIPO fee calculator on the filing date.
Top five filing mistakes Canadian applicants make
These are the errors we see most often in U.S. filings by Canadian brand owners.
Filing in the U.S. on Canadian sales alone
A use-based U.S. application requires use in U.S. commerce. Sales only in Canada do not qualify, and false use claims can void the registration.
Use in commerce · § 1(a)File on an intent-to-use basis, or rely on the Canadian filing under Section 44, until U.S. sales begin.
Losing a § 44(e) or Madrid registration for nonuse
Registrations based on a CIPO registration or a Madrid designation issue without U.S. use, but are cancelled if U.S. use is not shown between years 5 and 6.
Section 8 · Section 71Plan U.S. sales and keep dated evidence of U.S. use.
Copying CIPO goods descriptions
CIPO accepts wording the USPTO considers too broad. On a Madrid designation, this leads to refusals that require a U.S. attorney.
Identification of goodsDraft U.S. wording before the international application leaves CIPO.
Filing without a U.S.-licensed attorney
Since 2019, Canadian applicants must be represented by a U.S.-licensed attorney. Canadian agents can be added, but the USPTO deals only with the U.S. attorney.
U.S. counsel ruleAppoint U.S. counsel at filing and keep your Canadian agent involved.
Untranslated French wording
French words in Quebec and bilingual brands must be translated in the U.S. application, and descriptive French terms are refused like their English equivalents.
Foreign equivalentsTranslate the mark and check its English meaning before filing.
Who does what for your U.S. filing
A U.S.-licensed attorney handles each Canadian matter, supported by paralegals and docketing staff. We work alongside your Canadian trademark agent, who stays involved in the strategy.
Attorneys
Your U.S. attorney of record before the USPTO.
- U.S. clearance searches and a written risk opinion
- Choosing Madrid or a direct filing, and the filing basis
- Rewriting CIPO goods descriptions in U.S. form
- Responses to USPTO refusals and oppositions
- Enforcement against U.S. infringers and Amazon sellers
Paralegals and docketing
The people who keep your file complete and on time.
- Collecting CIPO filings and certificates
- Reviewing evidence of U.S. use and specimens
- Preparing USPTO filings for attorney review
- Docketing USPTO, WIPO, and maintenance deadlines
- U.S. Customs and Amazon Brand Registry paperwork
For Canadian agents
Same time zone, easy to instruct.
- Eastern Time, the same as Toronto and Montréal
- Reports in English, with French-language marks reviewed
- Copies of every USPTO notice with our comments
- Clear estimates before each filing or response
- Your client relationship stays with you
Frequently asked questions
Does my CIPO registration protect my brand in the U.S.?
No. A Canadian registration protects your brand in Canada only. U.S. protection requires a U.S. application or a Madrid designation of the United States.
Can my Canadian trademark agent file at the USPTO?
Not as your representative. Since August 3, 2019, Canadian applicants must be represented by a U.S.-licensed attorney. Your Canadian agent can stay involved, but the USPTO corresponds only with the U.S. attorney.
Can I file in the U.S. before I sell there?
Yes. An intent-to-use application, or one based on your Canadian filing, reserves your U.S. rights before launch. Proof of U.S. use is needed later.
What does it cost to designate the U.S. through Madrid?
The WIPO basic fee of CHF 653 (CHF 903 for a color mark), plus the U.S. individual fee of CHF 460 per class.
How long does a U.S. application take?
Most take 12 to 18 months from filing to registration. Refusals, oppositions, and intent-to-use filings can add time.
What if someone has already registered my brand in the U.S.?
We review whether the registration can be challenged, for example for nonuse or abandonment, and consider cancellation, a coexistence agreement, an assignment, or a U.S.-specific brand.
Can I register a French word as my U.S. trademark?
Yes, but the USPTO translates it. If the English meaning describes the goods, the mark is refused just as the English word would be.
Does use by our U.S. subsidiary or distributor count as our use?
Use by a related company counts for the brand owner if the owner controls the nature and quality of the goods, for example through a written license. Put that control in writing before U.S. sales begin.
Plan your U.S. filing
Tell us your brand, your CIPO filing, and your U.S. launch plans. We will check the U.S. register, recommend Madrid or a direct filing, and give you a written estimate.
- U.S. clearance searches
- Madrid designations and direct USPTO filings
- Responses to USPTO refusals
- Amazon Brand Registry and U.S. Customs recordation