- with readers working within the Consumer Industries and Law Firm industries
- within Criminal Law topic(s)
- with Senior Company Executives, HR and Finance and Tax Executives
In December 2025, the Department of Innovation, Science and Economic Development published The IP Canada Report 2025 (the "Report"). The Report summarizes statistical trends seen at the Canadian Intellectual Property Office over recent years. Below, we highlight the key trademark trends from the Report, and some takeaways for Canadian businesses.
Continued Decline in Trademark Applications Overall
In 2024, the Canadian Intellectual Property Office ("CIPO") received a total of 68,672 trademark applications, a 4% decline from the previous year and the third consecutive annual decrease. Trademark filings peaked during the COVID-19 pandemic and have declined since 2022. Resident applications1 made up only 32% of the total applications filed in Canada.
Inbound Trademark Applications: Country of Origin
Following Canadian applicants, applicants from the United States and China accounted for 26% and 15% of trademark application filings in Canada in 2024 respectively. The number of applications from United States applicants increased by 3% and applications from Chinese applicants increased by 2% from 2023. Applications from Canadian applicants decreased by 8%.
Over the past decade, total trademark applications filed in Canada have risen by 35%, with non-resident filings surging by 58%, while resident filings increased by only 2%.
This gap between foreign and domestic growth reflects Canada's appeal to international brands and highlights the importance for Canadian applicants to secure protection early.
Inbound International Applications: Use of the Madrid System
In 2024, a high proportion of inbound international applications made by European applicants – including from Germany (86%), France (80%), Switzerland (79%) and the United Kingdom (67%) – used the Madrid system. Despite leading in overall volume of international filings in Canada, the use of the Madrid system remains significantly less popular for applications originating in United States (38%) and China (18%) which were more frequently filed directly with CIPO. U.S. and Chinese filings represent the largest sources of potential conflicts in the Canadian market.
Understanding these filing preferences can help inform decisions on Madrid versus direct filing routes for multi-jurisdictional portfolios.
Outbound Trademark Applications
CIPO noted a declining trend in trademark applications filed abroad by Canadians since 2021 (latest available data: 2023). In 2023, such applications declined by 11% from the previous year. As of 2023, the top five destinations for such outbound filings were the United States, China, the European Union, the United Kingdom and Mexico.
The decline in outbound filings suggests Canadian businesses are taking a cautious approach to international expansion.
What Canadian Businesses Should Do
Given the competitive landscape revealed in the Report, Canadian businesses should consider the following best practices:
- Act proactively – With foreign applications surging by 58% over the past decade while Canadian filings increased by only 2%, early trademark protection is critical to avoid conflicts with international brands entering the Canadian market.
- Review and prioritize strategically – During economic uncertainty, businesses need to assess their trademark portfolios and make strategic decisions about timing and protection priorities.
- Consider international expansion carefully – For businesses looking to expand abroad, evaluate cost-effective filing strategies, including whether to use the Madrid Protocol or direct filing routes depending on target jurisdictions.
Your trademark counsel can help by conducting comprehensive clearance searches to identify potential conflicts, particularly from U.S. and Chinese applicants who represent the largest international sources of trademark applications in Canada;2 developing strategic filing strategies tailored to your budget and business goals, whether domestic or international; advising on Madrid Protocol optimization for multi-jurisdictional portfolios to maximize cost-efficiency and monitoring competitive brand activity; and managing opposition strategies to protect your market position.
Conclusion
The full IP Canada Report 2025 is available online (pages 16-21 cover trademarks). McMillan LLP's Intellectual Property Group is well equipped to provide practical advice in navigating the latest trends in Canadian trademark registrations.
Footnotes
1 A resident application refers to an application filed with the IP office of, or acting for, the state or jurisdiction in which the first named applicant in the application is resident. "Glossary – IP Facts and Figures 2025", World Intellectual Property Office, available here.
2 Under certain circumstances, international trademarks filed in CIPO benefit from claiming an earlier priority date than the date the trademark was filed in Canada. As a result, it is important for Canadian applicants to be mindful of its competitors with similar trademarks in the United States and, increasingly, China that may decide to file their trademarks in Canada.
The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.
© McMillan LLP 2025
