Register a US trademark from Canada

Yes. A Canadian business or individual can register a US trademark. With a domicile outside the United States, a US-licensed attorney must file the application. A registration with CIPO covers Canada, not the US. The border is the whole reason for a separate filing.

Selling across the border

Typical Canadian applicants include an Ontario shop shipping orders to American customers, a British Columbia gear maker supplying a US retailer, and an Alberta software company with its first US subscribers. Whether goods shipped from Canada count as use of the mark in US commerce depends on the facts. Tell us how orders reach US buyers, and we choose the filing basis accordingly.

Names in French and names with accents

Quebec brands and bilingual packaging raise their own questions. A French word may be translated and compared with its English meaning when the USPTO decides whether a name describes the product. Accented letters also matter. We confirm whether the mark is filed with the accents exactly as you use them, and whether a version without them needs a separate look.

Ownership: corporation or sole proprietor

Some Canadian businesses are federal corporations, some provincial, and many are sole proprietors trading under a name. The application should name the real owner of the brand. A sole proprietor files as an individual, with the trading name as the mark. For a corporation we need the exact legal name, including the form such as Inc. or Ltd. A mismatch is easier to prevent than to correct.

One working day, different clocks

Canada spans zones from about one and a half hours ahead of US Eastern time in Newfoundland to about three hours behind it on the Pacific coast. Most Canadian clients share our working day, so calls are simple to arrange within our hours of Monday to Friday, 9 a.m. to 5 p.m. ET. Email still carries the documents, with a reply within one business day.

Registering in your company name, not a founder's

Cross-border founders often file in a personal name by habit. If the business is a corporation and the corporation sells the goods, the corporation should be the applicant, so that ownership follows the revenue. We ask for the incorporation certificate and compare it with what you intend to put on the form. Changes after filing are limited.

Questions we ask first

Do US customers already buy from you, or is the launch still ahead?
Is the brand on the product itself, on a label, or only on your website?
Do you sell through a marketplace? If so, see trademarks for Etsy and Shopify sellers.
Does a US distributor or reseller use the name?

Check the name on both sides

A Canadian search will not reveal a similar name already on a US record. Our free name search checks USPTO data. If your business sells hosted software, see class 42, and for an online store, class 35. You can read the general rules for overseas applicants too.

This is general information, not legal advice.