How long does trademark protection last in Canada and does it need to be renewed?
A registered Canadian trademark lasts for an initial term of 10 years from the registration date, but unlike a patent or copyright, it is not limited to a fixed maximum lifespan — it can be renewed indefinitely for further 10-year terms as long as it is kept in force and actually used in commerce. CIPO charges a renewal fee for each term, and these fees adjust periodically, so it is worth verifying the current schedule rather than assuming an old figure still applies; missing a renewal deadline can result in the registration being expunged, exposing the mark to being registered by someone else.
Beyond renewal, a registered trademark can also become vulnerable if it is not genuinely used in Canada — a mark that sits unused for an extended period can be struck from the register through a summary non-use proceeding started by a third party. So ongoing protection really depends on two things: paying renewal fees on schedule, and continuing to actually use the mark. Many businesses use a trademark agent or lawyer specifically to track renewal deadlines so a mark does not lapse by oversight.
Key takeaways
- Canadian trademark registrations last 10 years initially and can be renewed indefinitely.
- Renewal fees apply at each 10-year term and adjust periodically — verify the current amount.
- A mark can be struck from the register for prolonged non-use, even if renewal fees are paid.
- Tracking renewal deadlines is essential — a lapsed registration can be picked up by someone else.