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Guided answer

My trademark registration is about to expire or has expired

Trademark registration lasts ten years and can be renewed. What you can do depends on how long ago it expired.

Apply for restoration and renewal within one year of expiry.

Urgent - a deadline or loss of rights may be close

  • A removed mark can be restored and renewed under section 25(4) on Form TM-R, with the fee, within one year of expiry (rule 60).
  • The Registrar considers the interests of other affected persons before deciding (rule 60), so expect the possibility that someone has applied for a similar mark.
  • Start now; the one-year period is fixed by the Act and Rules.

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Not sure whether this applies to your invention?

The honest answer usually needs someone to look at your actual disclosure, your timeline and the prior art. That is a conversation, not an article.