Trademarks Regulations Fee Amendments

Summary#

The government published proposed changes to the Trademarks Regulations on December 31, 2022. The proposal mainly changes several trademark fees, adds fees for public notice requests and for protecting geographical indications, and would require an extra registration fee for certain older applications. Comments were invited for 30 days after publication.

What it does#

• Adds a requirement to pay a fee when asking for public notice for badges, crests, emblems, marks or armorial bearings (new schedule item 5 — $694).
• Adds a fee to request protection of a geographical indication (new schedule item 6 — $638).
• Changes the basic filing/processing fee (schedule item 1 now $150).
• Creates a special registration fee for trademark applications with a filing date before June 17, 2019 (new schedule item 20 — $277). The proposal says applicants whose filing dates are before the coming-into-force day and whose marks are not yet registered would need to pay this in addition to fees already paid.
• Updates a number of other fees in the schedule (examples in the proposal include $1,040, $1,387, $555, $694, $125, $44, $13, $1, among others).
• If adopted, the proposed regulations would come into force on January 1, 2024.

Note: this is a proposed rule; it is not in force unless and until it is made final.

Who's affected#

• Businesses, lawyers, trademark agents and individuals who apply for or register trademarks in Canada.
• Anyone who requests public notice for badges, crests, emblems or armorial bearings.
• Producers or groups who want protection for a geographical indication.
• The Canadian Intellectual Property Office, which administers trademark filings and would collect the changed fees.

If anything above is unclear in the original text (for example how the extra fee interacts with other fee credits), the proposal itself is the authoritative source.

Why it matters#

• The changes change the cost of using Canada’s trademark system. Some routine actions will cost more or will trigger new fees (notably public-notice requests and geographical indications).
• A new, one-time registration fee of $277 could add cost for older pending applications filed before June 17, 2019.
• Businesses budgeting for trademark work should check the new fee amounts and consider commenting during the consultation if the changes affect them.
• Because this is a proposal, there was a limited comment window (the notice allowed 30 days from December 31, 2022) before the rules could be finalized.