This practice notice provides guidance on the renewal of trademark registrations.
The registration of a trademark may be renewed for some or all of the goods or services in respect of which the trademark is registered. If a registered owner requests the renewal of only some of the goods or services listed in the register for a registration ("partial renewal"), the registration will be renewed only for those goods and services listed in the renewal request.
A partial renewal can be submitted online only if the goods or services in respect of which the trademark is registered are grouped according to the classes of the Nice Classification, all the goods or services grouped in a class are being renewed, and the remaining goods or services are being deleted.
If a partial renewal is not submitted online, the Registrar will send a letter acknowledging receipt of the renewal fee. The particulars of the partial renewal will be available, and the Registrar will issue a certificate of renewal, only after the registration or previous renewal period has expired or the remaining goods or services not being renewed are deleted. Given the potential delay between submitting a partial renewal and receiving a certificate of renewal, registered owners are strongly encouraged to either renew near the expiry of the registration or renewal period or delete the goods or services not being renewed at the time of the partial renewal.
The prescribed fee for renewing the registration of a trademark for 10 years under section 46 of the Trademarks Act is set out in item 14 of the schedule of the Trademarks Regulations. The fee is dependent on the number of classes of goods or services being renewed and determined at the time of renewal. Unless specified when submitting the renewal fee, a renewal applies to all the goods or services listed in the register for the registration.
Submission of the Renewal Fee
Except in the cases described below, a renewal fee must be submitted no earlier than 6 months before the expiry of the initial period or renewal period and no later than 6 months after the expiry of the initial period or renewal period or, if later, two months after a renewal notice.
Exception – First renewal after for registrations existing prior to
For trademarks registered prior to , there is no restriction on how early the renewal fee for the first renewal after may be submitted.
Exception – Not yet grouped according to the classes of the Nice Classification
If the goods or services listed in a trademark registration are not grouped according to the classes of the Nice Classification at the expiry of the registration, the period to submit a portion of the renewal fee may be later than the period described above. In particular, the portion of the renewal fee set out in item 14(a)(ii) and (b)(ii) of the schedule of the Regulations can be paid up to two months after the Registrar sends a notice indicating that the register has been amended to group the goods and services according to the Nice Classification.