Trademarks fee changes and new fees

Summary#

These are final changes to the Trademarks Regulations that adjust many trademark fees and add a few new ones. The amendments take effect on January 1, 2024 and include new fees for public notice and for protecting geographical indications, plus a transitional fee for some older applications.

What it does#

• Updates the fee schedule in the Trademarks Regulations, changing many existing fees and adding new ones.
• Sets the basic application fee (item 1) at $150.00.
• Adds a fee of $694.00 (item 5) for a request to give public notice under paragraph 9(1)(n) or (n.1) of the Trademarks Act for each badge, crest, emblem, mark or armorial bearing.
• Adds a fee of $638.00 (item 6) for a request to protect a geographical indication.
• Creates a transitional registration fee of $277.00 (item 20) for registering trademarks from applications with a filing date before June 17, 2019; the rules say some applicants with older, still-unregistered filings must pay this in addition to fees already paid.
• Revises many other itemized fees across the schedule (examples include $1,040.00, $1,387.00, $125.00, $44.00, $13.00).

Who's affected#

• People and businesses applying to register trademarks in Canada.
• Organizations that ask for public notice of badges, crests, emblems or armorial bearings.
• Producers or groups seeking protection of a geographical indication (for example, a food or drink name tied to a place).
• Owners of older trademark applications that are still pending; they may face the transitional $277.00 charge.
• Trademark agents and legal advisers who help clients budget for filing and maintenance costs.

Why it matters#

• The changes change the cost of getting and keeping trademark rights in Canada. That affects budgets for small businesses, producers, universities, associations and others that use trademarks.
• New fees make certain actions (public notice for emblems; formal protection of geographical indications) more expensive than before.
• The transitional fee for older filings could mean an unexpected additional charge for people with applications filed before June 17, 2019 that were not registered by January 1, 2024.
• Because these are final regulations, the new fees apply from January 1, 2024.