In this two-part series, we will discuss important strategies to consider before Canadian trademark law changes on June 17, 2019, including tips that could save you and your clients time and money, now and in the future.
In this article, we follow-up on SAVE MONEY: File your multi-class applications in Canada now with a second money-saving strategy to consider before the new laws come into force. The changes are significant both procedurally and substantively, and you can learn more about how Canadian trademark law will be overhauled in our past article.
Renewal fees will increase significantly, especially for multi-class TRADEMARK registrations
Because Canada does not currently have a mandatory classification system, the government fee to renew a registration is $350 CAD* whether the registration lists one class or all 45 classes.
However, when the law changes on June 17, 2019, a new fee-per-class structure will be implemented. Under the new law, the government renewal fee will be $400 CAD for the first class and $125 CAD for each additional class. Accordingly, for a registration listing goods and services in all 45 classes, the government renewal fee will increase from $350 CAD today, to $5,900 CAD on June 17, 2019.
Moreover, under our current law, any Canadian trademark registration can be renewed prior to June 17, 2019, regardless of the renewal deadline. In other words, even if the renewal deadline is nine years away, the registration can be renewed today.
We note that the renewal term will be the same, regardless of when payment is made. If the current term expires on or later than June 17, 2019, the new term upon renewal will be 10 years.
TIP: Brand owners can potentially realize huge savings if they take steps to renew all existing Canadian trademark registrations before June 17, 2019.
* At the moment, the Canadian dollar is roughly equivalent to 0.75 USD/0.66 EUR providing a natural discount for foreign applicants on all fees.
For further information, on the upcoming changes, please contactor a member of our Trademarks group.
The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.
Related Publications & Articles
-
Canadian Intellectual Property Office “Next Generation Patents” update and status as of April 10, 2025
On July 17, 2024, CIPO launched a new electronic system and portal, MyCIPO Patents, as part of its Next Generation Patents initiative. The launch has been fraught with difficulties, creating delays, e...Read More -
Celebrating World IP Day 2025
For World IP Day 2025, we connected with members of our Trademarks & Copyright team for a short interview, reflecting on this year’s theme from the World Intellectual Property Organization – IP an...Read More -
Basic style or original work? Social media influencers and the line between style and copyright infringement
How social media influencer aesthetics intersect with Canadian copyright law
The intellectual property issues surrounding social media influencer aesthetics have recently received attention in the United States after one influencer asserted a variety of claims against another ...Read More