A trademark registration is not valid indefinitely: in Canada a registration is now valid for 10 years.
Each trademark registration can be renewed for a further 10 years, and for consecutive 10 year renewals indefinitely.
A renewal should be filed before the registration expires. If a renewal is not filed by the prescribed time, the registration will be expunged from the register permanently and cannot be revived which could have very serious consequences for the trademark owner’s rights.
How to renew
The proper material must be filed and fee paid for each renewal of the trademark.
The government fee currently is CDN $408 for the first Nice class and CDN $ 127.50 for each subsequent Nice class.
Because of recent changes to Canada’s trademark laws trademark registrants face some new challenges with renewals. They are:
- You must group the goods and services that the trademark is associated with using the Nice classification system (‘Nice classes’). For most Canadians, this will be a new and challenging exercise that is quite complex and daunting.
- The government fee that must be paid to renew the trademark registration depends on the number of ‘classes’ that the goods and services are grouped in to.
We strongly recommend that you hire a registered trademark agent to assist you with your renewals as these filings are complex and can significantly affect (decrease) your rights if done incorrectly. In particular, Nice classifications are not easy or obvious and if performed improperly can result in the loss of rights.
Our fees for assisting with a renewal are $442 for the first class, and $102.50 for each subsequent class.
If you have attempted to file a trademark renewal yourself you may have received a 44-1 notice (Requirement to furnish statement under 44.1(1)). This is a requirement, under s. 44.1(1) of the Trademarks Act, that the trademark owner furnish a statement in which they group and class the associated goods or services according to the classes of the Nice classification.
We can help. Please send us the statement that you have received, and we can provide a quote for assisting you to renew your trademark registration and retain maximum protection of your trademark rights.