Canada does not have a Section 8 declaration of use. You keep a Canadian registration by renewing every 10 years, without proving use, but any registration can be summarily expunged for non-use if someone brings a section 45 challenge covering the previous three years. Here is how to stay on the right side of that.
Does Canada require a Section 8-style declaration of use?
No. Canada has no mid-term or renewal-time use filing. Maintenance is by renewal every 10 years on payment of the prescribed fee, with no specimens and no declaration. That is section 46 of the Trademarks Act, and CIPO's renewal guidance says the same. The catch is your exposure to a section 45 non-use challenge.
How is Canada different from the United States model?
- United States. The USPTO requires a Section 8 declaration of use between the fifth and sixth year after registration, and again every 10 years with renewal. The Section 8 fee is $325 per class. Miss it and the registration is canceled.
- Canada. No use declaration at any point. You renew every 10 years. The registration stays open to a section 45 attack focused on the three years before the Registrar's notice.
The practical difference is simple. In the United States you calendar filings and specimens. In Canada you plan for proof of use on demand, and you keep your goods and services list honest.
There is one more Canadian wrinkle worth knowing: enforcement in the first three years. A court will not grant relief for infringement in the three years following registration unless the trademark was in use in Canada, or the non-use is excused by special circumstances. That is another reason a registration you are not using is worth less than it looks.
How can a Canadian registration be canceled for non-use?
Through summary expungement under section 45 of the Trademarks Act. On the request of any person, or on the Registrar's own initiative, the Registrar serves a notice. The owner then has to file evidence of use in Canada during the three years immediately before the notice date, or explain special circumstances that excuse the non-use. The decision can expunge the registration in whole or in part.
What counts as use in Canada, and what evidence works?
Start with section 4 of the Trademarks Act, which defines use.
- Goods. Use generally means the trademark is associated with goods transferred in the normal course of trade in Canada. Labels, packaging, and point-of-sale materials all matter, but you also need proof of transactions with Canadian customers.
- Services. Use is based on performing or advertising the services in Canada, associated with the trademark. You do not need a physical location, but you do need credible evidence that Canadians received the services, or saw the advertising offering them in Canada.
Evidence that usually works in a section 45 response:
For goods
- Dated invoices and purchase orders to Canadian addresses.
- Shipping, customs, and courier records tying SKUs to Canada.
- Product photos showing the trademark on packaging, with date-stamped listings on Canadian retailers or marketplaces.
- Point-of-sale receipts from Canadian stores.
- Warranty cards or post-sale support logs in Canada.
For services
- Signed service agreements with Canadian clients, and invoices paid from Canadian accounts.
- Staff timesheets, project logs, or deliverables sent to Canadian locations.
- Website analytics showing Canadian traffic to the service pages, tied to dated offers bearing the trademark.
- Canadian-targeted advertising: geo-targeting settings, screenshots, and spend reports.
- Event, webinar, or training attendance lists with Canadian participants.
Our specimen guide covers what good proof of use looks like, and most of it transfers directly to a section 45 file.
Special circumstances that can excuse temporary non-use include short-term regulatory delays, supply chain disruption, or closures outside the owner's control. They have to be proven, and they have to be exceptional.
How to Minimize Section 45 Exposure
Four workstreams. These are the habits we install for in-house teams running Canada alongside the United States.
1) Right-size each registration
- Trim unused goods or services. If the list overreaches, request a voluntary limitation so the registration matches what you sell. That shrinks the target for partial expungement.
- Align sister filings. If the United States registration dropped stale items at the five-to-six-year point, consider making the same edits in Canada.
2) Build a rolling evidence file
- Keep a three-year folder per trademark: invoices, shipping records, screenshots, analytics exports, and ad reports, filed by quarter, named with dates and counterparties.
- Capture the association. Make sure the trademark is visible on the material that proves the transaction or the advertising.
- Refresh it annually. If a product pivoted, add proof for the new SKU or the updated service page.
3) Control licensed and distributor use
- Licensed use counts as your use in Canada where you control the character or quality of the goods or services. Document that control in the license, keep QA checklists, and retain periodic audit reports. Keep dated product photos from licensees and distributors in Canada.
4) Renewal hygiene and data integrity
- Calendar renewals on a 10-year cycle from the registration date. Our trademark renewal service tracks and files them, and the current CIPO renewal fee is on the service page. Note that CIPO fees are indexed each January, so last year's figure is not this year's.
- Before renewing, review the goods and services list and the last three years of use. If a line is dormant with no realistic restart, limit it now rather than defend it later.
- Keep the owner name and address current at CIPO, so a section 45 notice reaches the right inbox. Extensions are possible under section 47, but you do not want to spend one on avoidable mail problems.
If a product line has been cold for 18 months with no realistic restart plan, we usually advise pruning it now. You keep the core, reduce exposure, and look far more credible if you are challenged later.
A Pattern We See
A software-as-a-service client kept its Canadian registration broad. With no mid-term use filing like the one in the United States to force a cleanup, nothing prompted one. A competitor then triggered section 45. The client had no Canadian invoices under the old module names, only subscription logs and geo-targeted ads. We paired dated screenshots of the in-platform branding with Canadian ad spend reports and service logs showing Canadian access to the platform, and trimmed the unused modules by voluntary limitation. The Registrar maintained the core services and expunged the stale modules. The registration survived, and the evidence playbook is now a standing process.
If a Section 45 Notice Arrives
- The notice comes from the Registrar, identifying the registration and the relevant three-year window.
- You have a short window to file evidence, as an affidavit or a statutory declaration. Extensions may be available under section 47.
- The requester can make submissions, and cross-examination is possible. Most matters are decided on the written record.
- The outcome is whole expungement, partial expungement, or maintenance of the registration.
Renewal Basics in Canada
- Term. A registration runs 10 years from the registration date, renewable for further 10-year periods.
- No use proof. Renewal needs no specimens and no declaration of use.
- Ongoing exposure. Renewal does not shield the registration from a later section 45 challenge covering the most recent three years.
A Quick United States and Canada Maintenance Checklist
Calendar
- United States: Section 8 due in years five to six, and each tenth year with Section 9.
- Canada: renewal every 10 years, no use filing.
Evidence
- United States: keep specimens and proof of use for each class.
- Canada: maintain a rolling three years of section 4 use evidence.
Portfolio hygiene
- Prune unused items in both countries, and do not wait for a challenge to do it.
When to Refile Instead of Defending
If a trademark has been off the Canadian market and special circumstances do not apply, the defense may be thin. Sometimes the cleaner path is to accept partial expungement, keep the items in use, and file a fresh application for the lines that will relaunch soon. It is a judgment call on timing, budget, and whether the gap invites a third-party filing.
If you would like a straight read on your Canadian portfolio, our Canada trademark service covers filings, renewals, and section 45 defenses, and the Canada country guide sets out how the system works end to end.
Related reading:
- Canadian Trademark Renewal: CIPO Deadlines, Costs, and Maintaining Your Registration
- Canada vs US Trademark: Key Differences for Cross-Border North American Businesses
- Filing a Canadian Trademark from Outside Canada: What Foreign Applicants Need to Know
Frequently Asked Questions
Does Canada require a Section 8-style declaration of use?
No. There is no mid-term or renewal-time use declaration. A registration lasts 10 years and is renewed by paying the prescribed fee, with no proof of use. It remains open to a section 45 non-use expungement if challenged.
If there is no use declaration, how can a registration be canceled for non-use?
By the summary proceeding under section 45. On request by any person, or by the Registrar, the owner has to show use in the three years immediately before the notice date, or special circumstances excusing non-use. Expungement can be whole or partial.
Do I need specimens to register or renew in Canada?
No. Proof of use is not required to register or to renew. Evidence is only needed if a section 45 proceeding starts.
What counts as use in Canada for defending a section 45 challenge?
For goods, transfer of possession in Canada in the normal course of trade, associated with the trademark. For services, performance or advertising of the services in Canada, associated with the trademark.
Can a registration be partially canceled?
Yes. A section 45 decision can expunge only the goods or services not shown in use, and preserve the rest.
How does the United States Section 8 requirement differ?
The USPTO requires a Section 8 declaration between the fifth and sixth year after registration, and every 10 years with the Section 9 renewal, at $325 per class for Section 8 alone. Canada has no such filing. It relies on 10-year renewals and uses section 45 challenges to police the register.
