You invested time and money into registering your trademark, received your certificate from CIPO, and now your brand is officially protected. But here is a question many business owners forget to ask: how long does a trademark last in Canada? The short answer is 10 years from registration, but with proper maintenance and renewal, trademark protection can continue indefinitely. Understanding trademark duration in Canada and the renewal requirements is essential for keeping your brand protection active for as long as your business needs it.
This post explains how long trademark registrations last, what happens when they expire, and exactly what you need to do to maintain and renew your trademark rights in Canada.
Trademark Duration Canada: The 10-Year Registration Period
In Canada, a registered trademark is valid for 10 years from the date of registration. This 10-year term applies to all trademarks registered under the current Trademarks Act, regardless of when you filed your application or how long the examination process took.
The registration date that starts your 10-year clock is the date CIPO officially enters your trademark into the Register, not the date you filed your application. Given that the examination process typically takes several months to a year or more depending on the complexity of the application, there can be a gap between filing and registration.
For example, if you filed your application in January 2023 and your trademark was registered in March 2026, your registration would be valid until March 2036. The time spent in examination does not count toward your 10-year term.
This 10-year duration puts Canada in line with many other countries. The United States, European Union, United Kingdom, and most other major jurisdictions also use 10-year trademark registration periods.
How Long Does a Trademark Last? The Case for Indefinite Protection
While each registration period is 10 years, there is no limit on how many times you can renew. In theory, a trademark can last forever as long as you continue to use it in commerce and renew it on schedule. Some of the world's oldest trademarks have been continuously registered for well over a century.
This indefinite potential is one of the key advantages trademarks have over other forms of intellectual property. Patents expire after 20 years and cannot be renewed. Copyright eventually enters the public domain. But a trademark that remains in use and is properly maintained can protect your brand for generations.
The catch is that this perpetual protection requires active maintenance. So how long does a trademark last in practical terms? It depends entirely on the owner. Unlike a deed to property that you own passively, trademark rights must be exercised and renewed to remain valid.
Trademark Renewal Canada: The Process Explained
Renewing a Canadian trademark is straightforward compared to the original registration process. There is no re-examination of your mark, no new search for conflicting trademarks, and no opposition period. Renewal is primarily an administrative process involving a fee payment and confirmation that the mark remains in use.
When to Renew
CIPO sends renewal notices approximately six months before a trademark's expiration date. However, relying solely on these notices is risky. Addresses change, notices get lost, and administrative errors happen. Maintaining your own calendar of renewal deadlines is the safest approach.
You can submit your renewal application up to six months before the expiration date. There is no advantage to waiting, and submitting early ensures you do not miss the deadline due to unforeseen circumstances.
Renewal Fees
As of January 2026, the standard trademark renewal fee for online submissions is $595.06 CAD for the first class of goods or services, plus $185.49 CAD for each additional class. If your trademark covers multiple classes, renewal costs add up accordingly.
For example, if your trademark covers three classes of goods and services, your renewal fee would be approximately $966 CAD ($595.06 + $185.49 + $185.49).
These fees are subject to annual adjustments under the Service Fees Act, so checking CIPO's current fee schedule when your renewal approaches is advisable. Government fees have increased several times over the past decade.
How to Renew
Trademark renewal can be completed online through CIPO's system or by filing a paper application. The online process is faster and more efficient. You will need your trademark registration number and current contact information.
The renewal application itself is simple. There is no requirement to prove ongoing use at the renewal stage, though your trademark remains subject to cancellation for non-use if challenged.
What Happens If You Miss the Renewal Deadline?
Life gets busy, and sometimes deadlines slip through the cracks. If you miss your trademark renewal deadline, the consequences depend on how long you wait.
The Six-Month Grace Period
CIPO provides a six-month grace period after your trademark expires. During this window, you can still renew your registration at the standard renewal fee with no additional late fee or surcharge.
This grace period is generous compared to some other jurisdictions, but it should not be relied upon as a matter of course. Waiting until after expiry creates unnecessary risk, as administrative delays or other issues could cause you to miss even the grace period deadline.
After the Grace Period
If you do not renew within the six-month grace period, your trademark registration expires completely. The mark is removed from the Register, and you lose your federal trademark rights.
This does not necessarily mean all protection is gone. You may still have common law rights based on your continued use of the mark. However, common law rights are geographically limited, harder to enforce, and do not provide the same legal advantages as registration. For more on the distinction between registered and unregistered trademark rights, see trademark basics in Canada.
Worse, once your registration lapses, someone else could potentially register the same or a similar mark. If another party obtains registration, they could assert rights against you, even if you have been using the mark longer.
Restoring an Expired Trademark
Unfortunately, there is no formal process to restore an expired trademark registration in Canada. If your registration lapses completely, your only option is to file a new application and go through the entire examination process again. This means paying new filing fees, waiting for examination (which currently takes approximately 7-9 months to first action), and facing the risk that conditions may have changed since your original registration.
During the period while your new application is pending, you would not have the enforcement benefits of registration. This gap can be particularly problematic if competitors or copycats emerge during this time.
Maintaining Your Trademark Between Renewals
Renewal is not the only maintenance requirement. To keep your trademark registration valid, you must actually use the mark in Canada in connection with the registered goods and services.
The Use Requirement
Canadian trademark law requires that registered trademarks be used in the normal course of trade. A trademark that sits unused can be cancelled by a third party through a Section 45 proceeding, regardless of whether renewal fees have been paid.
Under Section 45 of the Trademarks Act, anyone can request that CIPO send a notice to a trademark owner requiring them to provide evidence of use within the preceding three years. If the owner cannot demonstrate use (or special circumstances excusing non-use), the registration can be cancelled in whole or in part.
This means how long does a trademark last in Canada ultimately depends on more than just paying fees on time. You must actually use the mark in commerce.
What Counts as Use
For goods, use means the mark is displayed on the goods, their packaging, or associated materials at the time of transfer or sale in Canada.
For services, use means the mark is displayed in the performance or advertising of the services in Canada.
The use must be in the ordinary course of trade, not token use created solely to maintain the registration. Occasional sales or minimal commercial activity may not be sufficient to defend against a cancellation proceeding.
Documenting Your Use
Keeping records of your trademark use is important in case your registration is ever challenged. Useful evidence includes:
Dated photographs of products bearing the trademark
Invoices and sales records showing the mark in use
Marketing materials, advertisements, and website screenshots
Packaging samples and product labels
These records do not need to be submitted to CIPO proactively, but having them available can be invaluable if a Section 45 notice is ever issued against your registration.
Trademark Expiry: Warning Signs and Prevention
Trademark expiry rarely happens all at once. Usually, there are warning signs that registration maintenance is slipping.
Common Causes of Trademark Expiry
Address changes: If CIPO's renewal notices go to an old address, you may not receive warning that expiration is approaching. Keeping your correspondence address current with CIPO is essential.
Business transitions: When businesses are sold, restructured, or undergo leadership changes, trademark administration sometimes falls through the cracks. Ensuring trademark portfolios are properly transferred and maintained during transitions prevents lapses.
Assuming someone else is handling it: In larger organizations, trademark renewals may be delegated to legal teams, administrative staff, or external agents. Confusion about who is responsible can lead to missed deadlines.
Cost-cutting decisions: Some businesses intentionally let trademarks expire to save on renewal fees. This can be a reasonable decision for marks no longer in use, but letting valuable marks lapse is often penny-wise and pound-foolish.
Preventing Trademark Expiry
Establishing a trademark docket or management system ensures renewals are never missed. Options include:
Calendar reminders set well in advance of expiration dates
Spreadsheets tracking all registered marks and their renewal dates
Professional trademark management services
Working with a trademark lawyer who maintains records of your registrations
For businesses with multiple trademarks, professional portfolio management becomes increasingly valuable. The cost of renewing a trademark is modest compared to the cost of re-registering or losing valuable brand protection.
Special Considerations for Older Registrations
If your trademark was registered before June 17, 2019, when significant amendments to the Trademarks Act came into force, there are some special considerations.
Trademarks registered under the old regime originally had 15-year terms. However, when these registrations come up for renewal, they will be renewed for 10-year terms going forward. The transition to 10-year terms has been phased in over time.
Additionally, older registrations that did not specify Nice Classification classes have been assigned classes based on their goods and services descriptions. Renewal fees for these registrations are calculated based on the assigned classes.
If you have a trademark registered before 2019, reviewing its current status and understanding how the legislative changes affect your registration is worthwhile.
Planning for Long-Term Brand Protection
Thinking about trademark duration and renewal as part of your broader brand protection strategy makes sense. A trademark registration is not a one-time event but an ongoing commitment.
When budgeting for your business, include trademark renewal fees as a regular expense. For a single-class trademark renewed every 10 years, the cost averages out to about $60 per year, which is a modest investment for nationwide brand protection.
Consider also whether your trademark portfolio remains aligned with your business. As companies evolve, their goods and services may change. Registering your trademark for new product lines or updating descriptions to reflect current offerings keeps your protection relevant.
Key Takeaways on Trademark Duration in Canada
Understanding how long a trademark lasts in Canada comes down to a few essential points:
Trademark registrations are valid for 10 years from the registration date
Renewals can be filed up to six months before expiration and within a six-month grace period after
Renewal fees for online submissions are $595.06 CAD for the first class, plus $185.49 CAD per additional class (as of 2026)
There is no late fee for renewals during the grace period, but missing the deadline means starting over
Trademarks can last indefinitely with proper renewal and continued use
Non-use can result in cancellation even if renewal fees are paid
Expired registrations cannot be restored; a new application must be filed
Trademark protection is an ongoing responsibility, but maintaining it is straightforward with proper planning. Keeping track of expiration dates, maintaining current contact information with CIPO, and ensuring your marks remain in active use will keep your brand protected for as long as your business needs it. The renewal process itself is simple and relatively affordable, especially when compared to the cost of losing your registration and having to start over. With a reliable system for tracking deadlines and a commitment to keeping your marks in use, there is no reason your trademark protection cannot last as long as your business does.
Need help with trademark renewal? Whether your registration is approaching expiration, you need to sort out how legislative changes affect an older registration, or you have questions about maintaining your trademark portfolio, Clearview can help ensure your brand protection stays current. Contact us to discuss your trademark maintenance needs.