Canada will be implementing changes to the Trademark Act & Trademark Regulations in order to align with international agreements & treaties. Below are some of the changes that are expected to take effect some time in early 2019.

Trademark Filing Fees

One significant change will be to the fees for filing a trademark application. Currently, you can file a trademark application for any number of classes (i.e. categories) of goods & services for a single filing fee of $250.

After the changes are implemented in early 2019, the filings fees increase to $330 for the first class of goods or service, and a further fee of $100 for each additional class of goods or services in the application.

If you have a brand name or trademark that you have not registered yet, you should consider filing a trademark application soon to save on filing fees. The savings is even greater if your trademark application covers several classes of goods and/or services.

Definition of "Trademark"

Another important change is to what can be registered as a trademark. The expanded definition of trademarks will include: a word, a personal name, a design, a letter, a numeral, a colour, a figurative element, a three-dimensional shape, a hologram, a moving image, a mode of packaging goods, a sound, a scent, a taste, and a texture and the positioning of a sign.

Removal of "Use" requirement

Currently, when filing a trademark application, you must indicate the date you first started using the trademark or, if use hasn't started, indicate that you intend to use the trademark in the future. Under the new regime, one will be able to file a trademark application & receive a registration without any indication or declaration regarding use.

Term of Registration & Renewals

The term of trademark registration will be reduced from 15 years to 10 years. As well, the cost to renew a trademark registration will increase from the current $350 for any number of classes of goods and/or services to $450 for the first class, plus $125 for each additional class of goods or services in the registration.

If you have a Canadian trademark registration that is coming up for renewal, you could consider renewing early to save on fees & still benefit from the longer registration term.

Contact Sander Law to discuss your trademarks and filing strategy!

The above content is for informational purposes only and is not legal or professional advice.