Changes to Canadian trademark law are coming into force on June 17, 2019. There are significant costs saving to filing multi-class applications and to renew registrations before the coming into force of the law. Anyone thinking of filing trademark applications in the near future or have portfolios of trademark registrations that include multiple classes will save significant fees by acting now.
Canadian Intellectual Property Office (CIPO) online trademark services will be unavailable from Thursday, June 13, 2019 through Sunday, June 16, 2019 in preparation for the upcoming changes. As such, to take advantage of the current rules and fees, all instructions for new trademark filings, registration fees and renewal fees should be provided to us no later than 10:00 a.m. EST on Wednesday, June 12, 2019.
Summary:
- Effective June 17, 2019, government fees are going up dramatically for multiclass applications.
- The current filing fee is $250 regardless of how many classes of goods/services. As of June 17, 2019, the filing fees will be based on class - $330 for the first class and $100 for each additional class.
- The current renewal fee is $350 regardless of how many classes of goods/services. As of June 17, 2019, the gov't fee will be $400 for the first class and $125 for each additional class.
File Before June 17, 2019:
Applications with multiple classes will benefit from a significant cost savings if filed before June 17, 2019.
The math:
Trademark with 5 classes - current government fee = $250; Renewal government fee paid after June 17, 2019 = $330 + $100 x 4 = $730.
Renewals - When and What:
Any existing registration is eligible for early renewal. The question of renewal is really a cash flow question. Serious consideration should be given to renew before June 17, 2019 if a trademark registration includes multiple classes.
Assuming the renewal date is any time after June 17, 2019 but the renewal fee is paid before June 17, 2019, the government fee will be fixed at $350 regardless of how many classes in the registration. The renewal term of ten years will only start at the expiry of the existing term (e.g. registration expiring 2022 - renewal paid now - next renewal 2032).
The math: Trademark with 5 classes - current renewal government fee = $350; Renewal government fee paid after June 17, 2019 = $400 + $125 x 4 = $900.
