Canadians Should Renew Their Trademark & Patents Now Before Fee Hike In June

The price of filing a trademark application is set to increase in the coming year. One of the many changes occurring is that Canada is going to adopt the Nice Classification system in which trademarks will be registered in Canada based on a fee per class basis. This means that the fee for filing a trademark is going to increase to $330 CAD plus $100 CAD for each additional class that needs to be trademarked. The current cost is only $250 CAD no matter the number of classes.

Another change is that applicants will no longer need to indicate the date that the trademark was first used or state that they intend to use the trademark in Canada. This may make it easier for people to take and exploit trademarks that rightfully belong to others. This can result in the rightful owner paying significant costs to obtain ownership of trademark registrations.

The registration and renewal term is going to be reduced from the current 15 years to 10 years and the cost of renewing a trademark will also be increasing. The renewal fee is being increased from $350 CAD to $400 CAD plus $125 CAD for each additional class after the first that is registered. This is to make sure that each trademark is properly renewed and classified.

Canada is also set to join the Madrid Protocol. This will allow Canadian applicants to file applications with the International Bureau of the World Intellectual Property Association. This provides Canadians with access to file their applications in a large number of countries through a streamlined process. This may provide cost and time saving if filing trademarks outside of Canada.

With the large number of changes being made, it may be beneficial for current trademark holders to subscribe to a watch service that can alert them to new filings and to help identify trademarks that may be similar or confusing in terms of likeness. This can protect you from what is referred to as trademark trolls and can help to protect your trademark overall. These changes will take effect in June 2019. Are you ready?

Contact our lawyers and agents in Edmonton today for assistance with your patent and trademark needs.