How Long is a Trademark Registration Valid For? When to Renew a Trademark Registration


The best thing about trademarks is that, unlike any other area of intellectual property, trademarks can last indefinitely. All you need to do is to keep using the mark and renew the registration. Find out how many years your trademark certificate is good for in Canada.





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TRANSCRIPT

NARRATOR: Karen owns a small company making and selling plush toys for kids. Karen just received her trademark registration for SOFT FRIENDY.

NARRATOR: Karen just received an email from her trademark agent.

KAREN: Blah-blah-blah, blah-blah-blah... Oh, here is where it gets important: in Canada, trademark registration is valid for 15 years from the registration date, and can be renewed indefinitely for further 15 year periods.

KAREN: 15 years is a loooong time!

TRADEMARK FACTORY: Hello Karen, your trademark is due to be renewed. We need your instructions. Please call me back as soon as possible.

KAREN: Oh no, I forgot to tell my lawyer to renew my trademark.

KAREN: Hello, this is Karen I was away and forgot to tell you to renew my mark. Did I just lose my precious brand?

TRADEMARK FACTORY: It’s good that you got back to me now. Because you did not renew your trademark before the expiration of the 15-year deadline, a Renewal Notice was issued that gives you a 6-months grace period to request renewal and pay fee.

KAREN: So we’re still within the 6-months grace period?

TRADEMARK FACTORY: Yes. Otherwise, you’d need to file your trademark application from scratch and someone could beat you to it. But we caught it just in time!

KAREN: I am so relieved. Let’s renew.

TRADEMARK FACTORY: Are you still the owner of the mark?

KAREN: Yes, why are you asking?

TRADEMARK FACTORY: Well, if a trademark is sold to another company or another individual, then before a renewal is filed we would need to properly record an assignment. But this is a whole other topic.

KAREN: No, I still own the mark.

TRADEMARK FACTORY: Great. To renew your registration, you will need to pay the government fees.

KAREN: Is it expensive?

TRADEMARK FACTORY: The government fee for online renewal is $350 per trademark.

KAREN: So a $350 fee buys me another 15 years of protection?

TRADEMARK FACTORY: Amazing, isn’t it?

KAREN [dreamily]: Yeah!


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Disclaimer: Please note that this cartoon is not and is not intended as legal advice. Your situation may be different from the facts assumed in this cartoon. Your watching this cartoon does not create a lawyer-client relationship between you and Trademark Factory International Inc., and you should not rely on this cartoon as the only source of information to make important decisions about your intellectual property.

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