Effective January 1, 2024, the Canadian Intellectual Property Office (CIPO) will increase most trademark fees across the board by 25 per cent, including trademark application fees per class.
Trademark applications filed in 2023 will benefit from the current, lower filing fee of $347 CAD (or $263 US) for the first class of goods and services and $105 CAD (or $80 US) per each additional class, as compared to $458 CAD (or $347 US) for the first class and $139 CAD ($105 US) per additional class in 2024.
How Quebec's Bill 96 impacts trademark registration.
For organizations selling products/offering services in the Province of Quebec, we take this opportunity to remind you of the upcoming changes to the translation requirements for common law trademarks used in that province. Bill 96 will change the rules surrounding the translation of trademarks to require the translation of unregistered non-French common law marks effective June 1, 2025.
Unregistered trademarks will need to be translated into French on product packaging and labelling, as well as on public signage, posters and commercial advertising. Importantly, certain types of trademarks are exempt from translation such as 'coined' terms, names and surnames, and certain geographic places outside of Quebec.
If you or your client is selling/operating in Quebec, it is important to now consider filing to register common law marks which have been previously exempt from translation under the 'recognized trademark' provisions of the Charter, or plan now for a strategy to find a suitable translation. Registration will serve to avoid the translation requirements (unless the marks contain descriptive and generic terms in which cases some elements may still require translation).
Accelerate your trademark applications with Gowling WLG.
Gowling WLG's trademark professionals can provide you with more information as well as options for accelerating any new applications filed towards registration before the translation requirements are instituted on June 1, 2025.
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