The short answer
A Canadian trademark registration lasts 10 years from the registration date and is renewable for further 10-year periods. The renewal period opens at least 6 months before expiry and runs to at least 6 months after expiry. Anyone can oppose within 2 months of advertisement. After the registration is 3 years old, the Registrar can ask the owner to prove use, and a mark that was not used can be expunged. Priority must be claimed within 6 months of the first foreign filing.
Trademark deadlines in Canada at a glance
These periods come from the Trademarks Act (R.S.C. 1985, c. T-13), as published on the Justice Laws website of the Government of Canada (current to 30 September 2026, last amended 1 April 2025). The authority is the Canadian Intellectual Property Office (CIPO). We re-check every deadline against the live text before we file.
| Question | Answer |
|---|---|
| How long does a registration last? | 10 years, with renewals for further 10-year periods, if the prescribed renewal fee is paid in the prescribed period (Section 46(1)). |
| Which date does the term count from? | The registration date. The term counts from the day of registration, not from the filing date (Section 46(1)). |
| When can I renew? | The prescribed period begins at least 6 months before expiry (Section 46(6)). |
| Is there a grace period? | Yes. The prescribed period ends no earlier than 6 months after expiry (Section 46(6)). If the fee is not paid in that period, the registration is expunged and treated as expunged from expiry (Section 46(3)). |
| Opposition period | 2 months after the advertisement of the application (Section 38(1)). The Registrar can extend time limits only in the cases and on the conditions in Section 47. |
| Priority claim | The Canadian filing must fall within 6 months after the earliest application in a Union country (Section 34(1)). The Registrar can extend it by no more than 7 days (Section 34(5)). |
| Non-use proceeding | Starting 3 years after the day the mark is registered, the Registrar can ask the owner to prove use, on any person's request and fee or on its own initiative (Section 45(1)). The mark can be expunged or amended if it was not used in Canada during the three-year period, unless special circumstances excuse it (Section 45(3)). |
| Transfer | A mark, registered or unregistered, can be transferred with or without goodwill, for all or some goods or services. The Registrar records the transfer on request (Section 48). |
| Basis for filing | You can file if you are using, or propose to use, and are entitled to use the mark in Canada (Section 30(1)). |
Who can register a trademark in Canada
A person who is using, or proposes to use, and is entitled to use, a trademark in Canada can apply (Section 30(1)). Local and foreign owners can apply, and Canada no longer requires proof of use before registration.
Contact in Canada. The Act no longer has a general rule that a foreign applicant must appoint a representative for service in the application. An opponent without a Canadian office must give a name and address in Canada for service (Section 38(3)). Foreign owners normally use a Canadian trademark agent, and we confirm the current requirements before filing.
Trademark registration process in Canada
Search
- Search CIPO's trademark database and common-law use for identical or similar marks in your classes.
File the application
- File with CIPO, choosing use or proposed use in Canada (Section 30).
- Claim priority if you filed abroad in the last 6 months (Section 34).
Examination
- An examiner reviews the application and may raise objections that you must answer within the time set in the notice.
Advertisement and opposition
- Accepted applications are advertised.
- Anyone can file a statement of opposition within 2 months and pay the fee (Section 38).
Registration
- If the opposition period passes with no opposition, or any opposition is decided in your favour, the Registrar registers the mark and issues a certificate (Section 40).
Official fees are set by regulation and change. We confirm the current CIPO fee for your classes before we quote, so the figure you see is the one that applies on the day.
Canada trademark validity and renewal
- Count the 10 years from the registration date.
- The renewal period opens at least 6 months before expiry.
- It closes no earlier than 6 months after expiry.
- If the fee is not paid in that period, the registration is expunged from the expiry date.
- Renewal lasts for a further 10 years.
Counting from registration, not filing, means a Canadian registration issued two years after filing still has a full 10 years. Diarise from the certificate date.
Assignment, licence and changes to a Canadian trademark
Assignment
Transfer of a mark
A mark can be transferred with or without goodwill and for all or some goods or services. The Registrar records the transfer at the owner's request, or at the transferee's request with satisfactory evidence (Section 48).
Pending applications
Transfer before registration
The Registrar can also record a transfer of a pending application (Section 48(3)).
Licence
Licensing
Ask us for the current approach to licences and quality control, which matters for keeping a Canadian mark distinctive.
Name or address
Change of the owner's details
Record the change with CIPO so notices reach the right address.
Expungement and non-use of a Canadian trademark
Three years after the day a mark is registered, the Registrar can send a notice under Section 45 asking the owner to show use in Canada during the preceding three years. The Registrar can do this on request from any person who pays the fee, or on its own initiative. The owner then files evidence of use within the time stated in the notice. If the mark was not used, the registration can be expunged or amended, unless special circumstances excuse the non-use (Section 45(3)).
Keep dated proof of use in Canada: invoices, shipping records, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Canada
Search applications and registrations on CIPO's trademark database. Check the advertisement date for the opposition clock and the registration date for the renewal and Section 45 clocks.
Sources used
- Trademarks Act, R.S.C. 1985, c. T-13, Justice Laws website (current to 30 September 2026): Sections 30, 34, 38, 40, 45, 46, 47 and 48.
- Canadian Intellectual Property Office (CIPO) for fees, forms and the register.
Canada trademark FAQ
How long does a trademark last in Canada, and from when?
10 years from the registration date, renewable for further 10-year periods (Section 46).
When should I renew a Canadian trademark, and is there a grace period?
The renewal period begins at least 6 months before expiry and ends no earlier than 6 months after expiry (Section 46(6)).
What is the opposition period in Canada?
2 months after the advertisement of the application (Section 38(1)).
How much does it cost to register a trademark in Canada?
The official fee is set by regulation and changes. We confirm the current CIPO fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Canada?
Yes. Foreign owners normally work through a Canadian trademark agent, and we confirm the current requirements before filing.
Can I assign a Canadian trademark?
Yes, with or without goodwill, for all or some goods or services. The Registrar records the transfer on request (Section 48).
Can a Canadian trademark be expunged for non-use?
Yes. After 3 years from registration, a Section 45 notice can ask the owner to show use in the last 3 years, and the mark can be expunged if there was none (Section 45).
Do I need to use a mark before it is registered in Canada?
No. You can file on the basis that you propose to use the mark, as long as you are entitled to use it (Section 30(1)).
Can I claim priority from my home country?
Yes, if the Canadian filing is within 6 months of the earliest application in a Union country (Section 34).
How can I check a trademark in Canada?
Use CIPO's trademark database and check the advertisement and registration dates.
Protect your brand in Canada
SUPREMEiP® files trademarks worldwide through its network and checks every Canadian deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
