When you’re thinking about filing a trademark in Canada, one of the big decisions you’ll face is whether to use a lawyer or trademark agent—or go with an online service provider. Both have their pros and cons, but it’s important to know what you’re signing up for before making a decision. Let’s break down the key differences and some common pitfalls to watch out for.

Understand the True Costs: The Reality of Trademark Pricing

Trademark filing costs can be more complicated than they first appear, especially when working with online service providers. While their low upfront fees can seem appealing, the full cost of filing often includes unexpected charges that aren’t always made clear at the outset. Understanding these costs is key to making an informed decision.

How Trademark Costs Work

In Canada, filing a trademark involves two main types of fees: government fees and service provider fees. The government fees are standardized and straightforward. There’s a base fee for the application and additional fees for each additional class of goods and services (called Nice Classifications in trademark vernacular). However, how service providers handle these fees—and what they charge for their services—can vary widely.

Trademarks frequently span multiple classes. For example, if you create and sell clothing , we would typically recommend that your trademark applications addresses the clothing itself, as well as the act of selling that clothing. While CIPO charges $145.12 for each additional class, some online services add their own fees to each class—sometimes more than doubling the government charge. Applicants often don’t realize how quickly these fees can add up until they’re already committed.

To avoid surprises, keep these tips in mind when evaluating your options:

• Request a detailed cost breakdown. Ask how much of the fee is for government filing costs and how much is for the provider’s services.

• Understand additional class fees. If your trademark spans multiple Nice Classes, ask how the provider handles these fees and whether they align with CIPO’s charges.

By digging into the details, you’ll be better positioned to assess whether a service provider offers good value—or if their pricing model might end up costing you more than expected. Making an informed choice is the best way to protect your brand without blowing your budget.

Mistakes Are Hard (and Sometimes Impossible) to Fix After Filing

Trademark applications don’t leave much room for error, and some mistakes can’t be corrected once your application is filed. Two of the most common issues we see involve goods and services descriptions and unintended colour claims.

Goods and Services Descriptions

One critical area where mistakes happen is in the description of goods and services. After filing, these descriptions cannot be broadened. If your description fails to include important terms, your trademark might not cover key aspects of your business. For example, if you sell soft drinks (i.e. soda) and beer, but forget to include beer in your description, your trademark might not protect the full scope of your offerings. These errors can render your trademark effectively useless for large parts of your business and are often expensive (and sometimes impossible) to fix later without filing new application.

Unintended Color Claims

Another common mistake involves logo trademarks. Many people file their logo with colours included, not realizing that this can constitute a colour claim. A colour claim typically limits your trademark protection to that specific colour scheme. For instance, if your logo is filed in red and black, someone using a similar logo in blue and white may not infringe on your trademark. By making a colour claim, you may be unintentionally narrowing your protection and undermining the value of your trademark.

In most cases, filing a logo without a colour claim provides broader and more effective protection. Unfortunately, once the application is filed with a colour claim, the trademarks office usually prohibits applicants from adjusting the claim, meaning you might need to start the process all over again.

Why These Mistakes Happen

Both of these issues often occur when applicants file without the guidance of experienced trademark counsel. The application process might seem straightforward, but understanding the nuances—like how to describe goods and services properly or whether to make a colour claim—is critical to ensuring your trademark provides the protection you need. Taking the time to get these details right upfront can save you a lot of frustration and cost down the road.

Good Advice Can Save You Money

Filing a trademark is an investment, and good advice upfront can prevent wasted time and money. One of the most common pitfalls is filing for a trademark that’s unlikely to succeed—something that’s easy to avoid with proper guidance.

Common Issues Without Proper Advice

1. Not All Marks Can Be Registered

Some marks, like highly descriptive or generic terms, don’t meet the requirements for trademark protection. For instance, filing for “Great Coffee” as a trademark for a coffee shop is unlikely to succeed because it describes the product. Without expert input, you might file for a mark that faces inevitable rejection.

2. Unclear Business Objectives

Filing a trademark without a clear understanding of how it will be used can lead to unnecessary expenses. For example, filing for a logo when your primary focus is protecting your brand name might result in spending money on a mark that doesn’t align with your goals.

3. Unnecessary Applications

It’s not uncommon for businesses to file multiple applications unnecessarily, such as registering both a name and a slogan when only one is critical to their branding strategy. A trademark agent or lawyer can help you prioritize and streamline your filings, saving you from redundant fees.

How Good Advice Pays Off

The cost of poor advice can be steep. Filing fees with the Canadian Intellectual Property Office (CIPO) are non-refundable, so even a single mistake can cost you hundreds or thousands of dollars. If your application is refused or needs to be significantly amended, you may have to start the process over—doubling your costs and delaying your ability to protect your brand.

Good advice mitigates these risks. A trademark agent or lawyer can evaluate the strength of your proposed mark, identify potential risks, and recommend adjustments to improve your chances of success. By addressing these issues before filing, you can avoid rejections, reduce objections, and ensure your investment is going toward a trademark that truly protects your brand. While there’s an upfront cost to seeking advice, it often saves more in the long run by avoiding costly mistakes and wasted fees.

Be Cautious of “Free” Trademark Search Opinions

Lastly, “free” trademark searches – a popular offering by online services – can be appealing, but they often provide a false sense of security.

While these tools may identify exact matches in the trademark database, we’ve seen instances where they don’t account for similar marks, missing a slightly different name or logo that could create consumer confusion and trigger a rejection.

In some cases, we also see instances of free searches appearing to prioritize marks that are easy to register, even if they’re not the best fit for your business. This can leave your brand inadequately protected, especially if the suggested mark is too narrow or generic.

The consequences of relying solely on a free search can include application rejections, costly re-filings, or a trademark that doesn’t offer meaningful protection. While a free search can be a useful starting point, it’s typically worth investing in a more thorough analysis to ensure your application is as strong as possible.

After all, there’s not much you can do after you file your application, and there’s no refunds.

A Little Self-Awareness Here

Look, we know this article might sound a bit self-serving, but the issues above aren’t just theoretical. They’re based on real-world examples we’ve seen from people who come to us after having trouble with their applications. Whether it’s a poorly drafted description, missed conflicts, or other unwelcome suprises, these problems can and do happen—and they’re avoidable with the right guidance upfront.

The goal here isn’t to scare you away from online services or to suggest that every trademark application needs a lawyer. Instead, it’s to help you make an informed choice. Filing a trademark is an investment in your brand, and it’s worth taking the time to do it right—however you decide to proceed.

Final Thoughts

Filing a trademark is a critical step in protecting your brand, and there’s no one-size-fits-all solution. Online services can be a convenient option for simple applications, but they come with limitations and risks that are worth considering. On the other hand, working with a trademark agent or lawyer provides personalized advice, greater accuracy, and fewer surprises—but it might come with a higher upfront cost.

At the end of the day, it’s about finding the right balance between convenience, cost, and expertise for your situation. Whatever route you choose, make sure you’re informed and prepared—it’ll save you a lot of stress (and money) in the long run.

Need legal advice for your trademark?

Get started on your application below, and a trademark lawyer (and registered trademark agent) will give you a call.