Canadian Trade-mark Law/Renewal

RenewalEdit

" A trade-mark registration is valid for a period of 15 years and may be renewed indefinitely for subsequent 15-year periods unless it is voluntarily cancelled at the request of the registered owner expunged from the Trade-marks Register by the Trade-marks Opposition Board, a delegated body of the Registrar under s. 45 of the Trade-Marks Act, or the Federal Court." (Page 15-1, Odutola on Canadian Trade-mark Practice)

"In order to maintain a trade-mark registration on the Trade-marks Register, the registration must be renewed within a period of 15 years from the day of registration or last renewal. Pursuant to subs. 46(2) of the Trade-marks Act, the Registrar will issue a renewal notice to the registered owner and, where applicable, its representative for service. Therefore, it is possible to renew a trade-mark registration upon the payment of the prescribed fee at any time prior to the expiry of a 15-year period." (Page 15-1, Odutola on Canadian Trade-mark Practice)

Failure to renewEdit

"The Registrar will expunge the registration of a trade-mark if it is not renewed as specified in the renewal notice within a six-month delay period after the end of the 15-year period and approximately a six-month grace period. The deadline for the period of renewal cannot be extended and the Registrar, subject to a clerical error, has no statutory authority to do so." (Page 15-3 Odutola on Canadian Trade-mark Practice)

Last modified on 31 May 2009, at 00:02