FREQUENTLY ASKED QUESTIONS What Happens If I Don't Renew My Trademark In Time?

Upon registration, your trademark is valid for ten years in most countries. Recently, Canada moved from a 15-year term to 10 years like the US and most other nations.

You can renew your registration every ten years indefinitely. But what happens if you don’t renew your registration on time?


Here’s What Happens

The trademark office does not remind you to renew your registration; they will wait to see if you, the owner, your attorney, your trademark agent, or another interested party reminds you to submit the renewal.

The trademark office must regularly “clear out the deadwood” by removing inactive trademarks. If the trademark owner is not interested in renewing and misses the deadline, that mark is removed from the register and considered abandoned.

That’s what happens if you miss the deadline for renewal.

Your trademark is considered abandoned, clearing the way for someone else to register that same brand.

Then What?

Reviving an abandoned trademark is unlikely. Once a trademark is abandoned, it’s gone. If you are lucky enough that no one jumps at the opportunity you present, you can file a new application to register your abandoned mark.

However, the rules sometimes change, and what was acceptable years ago at your first registration may not be registrable today. There is no guarantee your old trademark will receive approval after rule changes.

Filing your renewal on time eliminates this concern. Even if the rules change, your trademark is already on record and unaffected by any rule changes.

Don’t Forget!

It is vital that you do not miss your renewal deadline. If you file on your own, schedule your 10-year renewal and triple-check your calendar. When entrusting this detail to a third party, ensure they will still be around and able to fulfill your wishes.

At Trademark Factory®, we put all this information in our docketing system to ensure we notify you of any renewals and other critical actions to maintain your registration.

In Summary

You must never miss a renewal date. Renewal costs are minimal. Government fees will run a few hundred dollars, and Trademark Factory®’s prices will be similar depending on the package you select.

After ten years of business under your brand, renewal costs are the least of your concerns.


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