Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
Please permit me to "cut to the chase." Canada is not a member of the "Madrid Protocol" (MP) which is the trademark treaty that permits a trademark registered in one MP nation to be enforced in another nation. Canada has been considering signing the MP for several years, but as of this writing, it hasn't occurred.
Consequently, if you need current trademark enforcement in Canada, then you must renew your registration.
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Addendum: You asked if you had to submit written proof of use in Canadian commerce with your renewal application. The answer is: "no." You need the proof if a Section 45 proceeding is commenced to cancel your trademark.
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