Procedure of trademark renewal in Canada

A trademark enables businesses and organizations to safeguard their brand image. It basically serves as a deterrent to others stealing your logo, brand name, or brand image. As a result, everyone who has operated a business or corporation understands the critical nature of a legal trademark. It is, however, as critical to ensure that the mark you have is legally genuine. Because each trademark has a limited duration of validity, it is essential to renew them.

Renewing trademark in Canada

Canadian trademark registration is valid for 10 years and can be renewed upon payment of the renewal fee for successive 10-year periods indefinitely. Renewal is still possible within 6 months after the original term expires or within a late period of 2 months from receipt of the official notice. It is not necessary to file any evidence of use in order to renew a Canadian trademark registration.

There is generally a six-month grace period following the expiry of a trademark. During this time, the trademark can still be renewed. However, this will usually result in a surcharge. According to the draft Regulations, the two dates stated forth will apply as of the CIF date, namely two months after the Trademarks Office notifies the failure to renew, or 6 months after the expiration of the term. According to trademark professionals, this is a complicated situation, and a single date is preferable.

Existing Canadian registrations must now be classified according to the international classification system, and the owner may renew all or part of the classes. If the classification is not accepted prior to the renewal, the Canadian Intellectual Property Office will invoice the government for each class covered by the registration at the time of renewal. In Canada, if the mark is not correctly categorized prior to renewal, it is not possible to remove goods/services.

No trademark renewal

Making the renewal filings in a timely manner is essential to prolonging the trademark protection that a Canadian registration offers. In the case, the filing is not submitted by the prescribed deadline, the trademark will be expunged from the register permanently and cannot be revived which could have very serious consequences for the trademark owner’s rights.

Maintaining Canadian trademarks

It is important to renew trademark registrations on a timely basis in order to preserve the registration and avoid cancellation. It is essential to retain the services of a trademark attorney throughout the life of the Canadian trademark–and is also needed if you do not have a Canadian address.