Canada’s upcoming changes to the Trademarks Act are set to impact the cost of registration for trade mark owners.
From 17 June, 2019, Government filing fees for trade mark applications will increase as a result of Canada adopting the Nice Classification system – the same system Australia and most of the world uses to classify its goods and services for trade marks.
The current Canadian Government fees to register a trade mark for all goods and services is CAD$250. This will increase to CAD$330 for the first class and CAD$100 for each additional class of goods or services claimed. This could result in a significant increase in costs for applicants who want to register a trade mark in multiple classes.
Filing a trade mark application before 17 June will also allow applicants to benefit from the current 15 year term for registrations. Trade marks registered after 17 June will have a shorter registration term of 10 years, bringing Canada into line with most countries.
To counteract the impending rise in fees, as of 17 June you will also be able to designate Canada in an international Madrid Protocol trade mark application. This will result in Australian businesses being able to file directly into Canada without having to engage a local Canadian attorney.
If you are currently trading or intend to trade in Canada and haven’t yet protected your trade marks, now is the time to do it. Macpherson Kelley can assist with clearance searches and protecting your trade mark rights in Canada. We can also provide relevant advice on how the classification changes may affect your current registered Canadian trade marks and new applications.
If you have any questions regarding these changes, please contact Belinda Sigismundi of our Intellectual Property team.
This article was written by Belinda Sigismundi, Principal Lawyer – Commercial and Emma Berry, Lawyer- Commercial.