How Long Does Trademark Registration Last?

By Dave MacDonell on October 24, 2017

How Long Does Trademark Registration Last?

Clients often ask us, “Once my application to register a trademark in Canada is allowed, how long does trademark registration last?” Well, by virtue of the Canada’s Trademaks Act, a trademark registration (Canada only) is valid for 15 years from the date of registration or the date of last renewal. This means that you will need to renew your trademark registration in Canada 15 years after the date it was registered by the CIPO. You can check the CIPO database if you’re unsure of the exact date your Canadian trademark was registered.

And don’t worry too much about counting down the days to renewal, CIPO will send a notice of renewal to you in the mail. This notice is sent to the registered owner of a trademark and to the registered owner’s “representative for service”. Typically, the representative for service is your trademark lawyer or trademark agent. It is important that you ensure that CIPO has up-to-date records so that you don’t miss receiving your renewal notice. If you’ve changed trademark lawyers within the 15-year period since the date of your confirmation of trademark registration in Canada, you will need to have your new trademark lawyer contact the CIPO to be added as your new representative for service. Likewise, if you've moved homes or offices, you’ll need to notify the CIPO of your new contact information.

If you failed to renew your Canadian trademark registration within six months of receiving a notice of renewal, your trademark registration in Canada, will be expunged by the Registrar. CIPO does not allow for extensions of time when it comes to Canadian trademark renewal. Once you’ve filed your renewal along with the prescribed fee, the renewal will take effect as of the day following the expiration of the 15-year period specified in section 46(1) of the Trademark’s Act Canada.

Note: you can also transfer ownership of your trademark registration in Canada instead of renewing it under your own name. Trademark transfers are provided for under section 48(1) of the Trademark’s Act Canada. In order to effect a trademark transfer, you will need to file a Canadian trademark transfer application with the CIPO.

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