New Canadian Trademarks Law – Avoid Government Fee Increases by Filing or Renewing Now

On June 17, 2019 (the “coming into force date”), Canadian trademarks law will undergo revisions that will require both filing and renewal fees to be payable on a per-class basis.

For filing trademark applications, as of the coming into force date the current flat government filing fee of C$250 for online filings will increase to C$330 for the first class and C$100 for each additional class.

In terms of  multi-class applications, considerable cost savings may be achieved upon filing if any intended trademark applications can be filed in advance of the coming into force date.  Such applications will be processed under the flat-fee regime of our current law and will therefore avoid the new per-class filing fees that are to be introduced.

For renewals, the current flat government renewal fee of CA$350 for online renewal will be increased to CA$400 for the first class, plus CA$125 for each additional class to which the renewal relates.  As well, the current renewal term of 15 years will be shortened to a term of 10 years.

Where a registration is due for renewal after the coming into force date, it is available to trademark owners to exercise the option of  early renewal before the coming-into-force date.  Should a trademark owner elect to do so, renewal fees will be payable on the basis of the current flat government renewal fee and without per-class fees, again resulting in material cost savings depending on the number of classes reflected in a given registration.  However, early renewal will not avoid the shortening of the next renewal term, which will be that of 10 years regardless.

Lastly, at the coming into force date it will become necessary to classify the goods and services in an application or registration according to the Nice Treaty classification.  When filing a new application or paying a renewal of an existing registration before the coming into force date, a trademark owner  may elect to early classify the goods and services now in order to avoid an eventual requisition to do so from the Registrar.

Should you wish to leverage any of the foregoing opportunities for cost savings prior to the coming into force of our new trademarks law, please contact a member of our Trademarks Practice Group who would be pleased to assist.

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