Trademarks fee updates and new fees

Summary#

This is a proposed change to the Trademarks Regulations published in the Canada Gazette on December 31, 2022 by the Department of Industry. It updates several trademark fees, adds a fee for protecting geographical indications, and sets a coming-into-force date of January 1, 2024; comments are invited within 30 days of publication.

What it does#

• Adds a new fee for requesting protection of a geographical indication: $638.
• Adds a fee for requesting public notice (for each badge, crest, emblem, mark or armorial bearing): $694.
• Sets (or changes) a range of trademark fees, including:
  • item 1 fee: $150
  • item 9 fee: $1,040
  • item 15 fee: $1,387
  • other listed fees in the schedule are updated to the amounts shown in the Gazette notice.
• Creates a special registration fee of $277 (item 20) that applies when a trademark application has a filing date before June 17, 2019 and the mark is not yet registered when the new rules take effect.
• Changes a subsection (subsection 154) so that certain pending applications with filing dates before the coming-into-force day may require payment of the additional $277 fee on registration, in addition to fees already paid.
• States the proposed regulations would come into force on January 1, 2024 if adopted.

Who's affected#

• People and businesses that apply for or own trademarks in Canada.
• Producers or groups that want protection for a geographical indication (for example, names tied to a place of origin).
• Applicants who filed trademark applications before June 17, 2019 and whose applications remain unregistered when the new rules take effect.
• Trademark agents, lawyers, and others who handle filings with the Canadian Intellectual Property Office.
• It is unclear from the notice whether any other groups beyond these will be affected.

Why it matters#

• The changes change how much many trademark services cost. That can affect small businesses and producers who budget for filing or registration fees.
• A new fee for geographical indications means there is now a specific cost to get that kind of protection in Canada.
• Applicants with older, still-pending applications could face an extra $277 charge at registration, which may affect decisions about completing registrations.
• These are proposed amendments, not final law; interested people had 30 days from publication to make representations.