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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