Costs and confidentiality for trademark proceedings

Summary#

These are the Regulations Amending the Trademarks Regulations (SOR/2025-19). They give the Registrar and the Trademarks Opposition Board new tools — a limited costs-award system, confidentiality orders, case-management powers, and a fee-based way to ask the office to say an official mark no longer blocks a trademark — all to make trademark disputes faster and less costly.

What it does#

• Allows the Registrar to award fixed costs against a party in certain trademark proceedings (oppositions, expungements, objections). Examples of when costs can be ordered:
  • if an application is found to have been filed in bad faith: cost equal to 10 times the opposition-filing fee (monetized example: $10,857.60 for an opposition where that fee applies);
  • for certain divisional applications: 2 times the opposition-filing fee (example: $2,171.52);
  • if a party withdraws a request for a hearing less than 14 days before the hearing: 2 times the applicable initiating fee (examples: $2,171.52, $1,158.84, $2,896.06 depending on the proceeding type);
  • for “unreasonable conduct” that causes undue delay or expense: 5 times the applicable initiating fee (examples: $5,428.80, $2,897.10, $7,240.15).
• Sets rules and limits for asking for costs:
  • requests must be filed through the Registrar’s designated online service and explain the reasons and circumstances;
  • other parties get notice and 14 days to make written representations;
  • the Registrar cannot award costs if the proceeding ends before a final decision; transitional rules prevent charging for conduct that happened before these rules take effect.
• Creates a process to request confidentiality orders for evidence in proceedings:
  • requests must describe the evidence, state it is not public, explain why confidentiality is needed, say whether the other party consents, and provide any other required information;
  • the Registrar must weigh the public interest in open proceedings when deciding;
  • the Registrar can amend or revoke confidentiality orders during the proceeding.
• Gives the Registrar broader case-management powers:
  • the Registrar may make orders or directions to run proceedings more efficiently;
  • proceedings can be formally designated as “case-managed,” with tailored timelines and steps to reduce delay and duplication.
• Adds or updates fees in the Schedule linked to official marks:
  • fee to request public notice that an official-mark prohibition no longer applies for each badge/crest/emblem/mark/armorial bearing: $694.00;
  • fee to request public notice under subsection 9(4) (that a rule about official marks does not apply): $325.00.
• Service standard for the official-mark notice process: the office will determine whether to notify the official-mark holder within 12 weeks after receiving a compliant request and fee.

Who's affected#

• People and businesses applying for trademarks in Canada.
• Opponents and other parties in trademark disputes (including small businesses and individuals who represent themselves).
• Trademark agents, lawyers, and other advisers who prepare submissions or evidence.
• Holders or challengers of official marks (public-authority marks).
• The Canadian Intellectual Property Office (CIPO), including the Trademarks Opposition Board and the Trademarks and Industrial Designs Branch, which will operate these processes.
• If anything is unclear about exactly who will pay which costs in a given case, the Regulations and practice notices from CIPO provide the details.

Why it matters#

• It aims to discourage tactics that delay proceedings or force extra work, by attaching predictable monetary consequences for specific behaviours. That could make disputes cheaper and quicker for parties who follow the rules.
• Confidentiality orders let parties put commercially sensitive or personal evidence before the Board without making it public. That may encourage fuller evidence earlier in a case.
• Case management gives the Registrar tools to consolidate related matters and set timetables, which can reduce duplication and speed decisions.
• The new fee-based official-mark notice provides a faster, cheaper alternative to going to court to clear an official mark that no longer applies. The advertised processing target is 12 weeks.
• The Regulations come into force on the same day that sections 227 and 228 of the Budget Implementation Act, 2018, No. 2 come into force, or on the day the Regulations are registered if that is later. This means some parts only apply once those statutory provisions are active.