- Unlike copyright, which arises automatically and doesn't need any ongoing maintenance, a registered trademark comes with an expiry date built into the system.
- Renewing a trademark is generally more administrative than the original application — there's no new examination of whether the mark is registrable, since that already happened.
- Missing a renewal deadline doesn't necessarily mean instant, irreversible loss of the trademark, but it's a genuine risk that businesses shouldn't treat casually.
Registering a trademark feels like the finish line, but it isn't a one-time event. A Canadian trademark registration is valid for a fixed term, and if nobody renews it before that term runs out, the protection can lapse. For a business that's built real brand recognition around a name or logo, losing the registration through a missed renewal is an entirely avoidable, and often costly, mistake.
This article explains how trademark renewal works in Canada, what it costs, and what happens if a renewal deadline is missed.
Why Trademark Registrations Aren't Forever
Unlike copyright, which arises automatically and doesn't need any ongoing maintenance, a registered trademark comes with an expiry date built into the system. The Canadian Intellectual Property Office (CIPO) issues registrations for a fixed, renewable term, after which the owner has to actively file a renewal, and pay the associated fee, to keep the registration in force.
This isn't unique to Canada — most countries' trademark systems work the same way, precisely because a registry only wants to keep marks on the books that businesses are actually still using and maintaining.
What Renewal Actually Involves
Renewing a trademark is generally more administrative than the original application — there's no new examination of whether the mark is registrable, since that already happened. In broad terms, renewal involves:
- Confirming the registration details are still accurate: owner name, address, and the goods or services classes covered.
- Paying the renewal fee, which, like the original application fee, is charged per class of goods or services the registration covers.
- Filing the renewal within the window CIPO allows around the expiry date.
CIPO periodically adjusts its fee schedule, so always confirm the current renewal fee before filing rather than relying on an older figure. As of CIPO's current fee schedule (effective January 1, 2026, and subject to change — verify before you rely on it), renewal for the first class costs noticeably more than each additional class, the same structure as the original application fee.
What Happens If You Miss the Renewal Deadline
Missing a renewal deadline doesn't necessarily mean instant, irreversible loss of the trademark, but it's a genuine risk that businesses shouldn't treat casually. If a registration isn't renewed within the time CIPO allows, the registrar can move to strike it from the register, at which point the business loses the statutory protection that came with registration. Some or all of the underlying common-law rights built through actual use of the mark may still exist separately, but they're generally weaker and harder to enforce than a registration.
The safest approach is treating the renewal date as a hard deadline, not a soft target — waiting until after expiry to deal with it introduces real risk that a competitor could register a confusingly similar mark, or that reinstating your own registration becomes more complicated than a straightforward renewal would have been.
A Simple Renewal Checklist
- [ ] Know your trademark's expiry date and calendar it well in advance — don't rely on remembering it.
- [ ] Confirm which classes are actually still relevant to your business before renewing — dropping a class you no longer use can reduce your renewal cost.
- [ ] Check the current CIPO renewal fee before filing — don't assume last year's or a figure found online is still accurate.
- [ ] Update any outdated registration details, such as address or ownership, as part of the renewal, rather than leaving them stale.
- [ ] If your business has grown into new goods or services since the original registration, consider whether an additional or updated application, not just a renewal, makes sense.
Renewal Costs to Budget For
Renewal fees are charged per class, similar to the original application. As of CIPO's fee schedule effective January 1, 2026, the fee for the first class costs more than each additional class renewed alongside it — as of mid-2026, verify the current figures with CIPO or your trademark professional before you file, rather than budgeting off an older number.
Frequently asked questions
How will I know when my trademark is due for renewal?
CIPO doesn't necessarily send a personal reminder in every case, which is exactly why many businesses use a trademark agent or lawyer to track renewal dates, or calendar the date themselves well ahead of time as soon as the registration issues.
Can I renew a trademark after it has expired?
There is sometimes a window to address a lapsed registration after the deadline passes, but the specifics and any additional cost involved can change — don't assume you have unlimited time, and act as soon as you realize a deadline has slipped.
Does renewing cost the same as the original application?
The fee structure is similar in that both are charged per class, but renewal and application fees are set separately and can differ in amount — confirm the current renewal fee specifically, rather than assuming it matches what you paid to originally register.
If my registration lapses, can someone else take my trademark?
It's a real risk — if your registration is struck from the register, a competitor could potentially file their own application for a similar mark, and depending on the circumstances, your remaining common-law rights may not be enough to stop them.
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