ARTICLE
20 September 2023

Brand Owners, Get Ready Now: Canadian Trademark Fees Are Going Up In 2024

SB
Smart & Biggar

Contributor

Smart & Biggar uncovers and maximizes intellectual property and technology assets for our clients. Today’s fast-paced innovation economy demands a higher level of expertise and attention to detail when it comes to IP strategy and protection. With over 125 lawyers, patent agents and trademark agents collaborating across five Canadian offices, Smart & Biggar is trusted by the world’s leading innovators to find value in their IP rights. As market leaders in IP, Smart & Biggar’s team is on the pulse when it comes to the latest developments and the wider industry changes that impact our clients. To stay informed, visit smartbiggar.ca/insights, including access to our RxIP Update (smartbiggar.ca/insights/rx-ip-updates), a monthly digest of the latest decisions and law surrounding the life sciences and pharmaceutical industries.
Earlier this year, the Canadian Intellectual Property Office (CIPO) announced that it will increase its official fees on January 1, 2024. Earlier this summer, we wrote about the impact on patent fees...
Canada Intellectual Property
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Earlier this year, the Canadian Intellectual Property Office (CIPO) announced that it will increase its official fees on January 1, 2024. Earlier this summer, we wrote about the impact on patent fees, which are increasing by as much as 36%. In this article, we look at the resulting impact on Canadian trademark fees, which are also increasing by 20-35%.

Why are trademark fees in Canada increasing?

It is believed that the fee increases will go, at least in part, toward the hiring and training of new trademark examiners. CIPO has recently shared that 105 new examiners have already been hired. We are hopeful that the onboarding of more examiners at CIPO will help reduce the current delays in Canadian trademark examination, which have on average exceeded three years for some time, causing brand owners to seek out strategies to expedite or 'fast-track' examination.

What should brand owners do before January 1, 2024?

In light of the upcoming fee increases, we encourage brand owners interested in filing new Canadian trademark applications, particularly those seeking registration across multiple classes, to act now and file their applications before December 31, 2023. Additionally, those with trademark registrations which are due for renewal in the first half of 2024 may wish to pre-emptively renew their registrations to save money and avoid the increased renewal fees.

The increases to some commonly paid Canadian trademark fees are outlined in the chart below:

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If you have any questions or would like further information, please contact a member of our firm's Trademarks and Brand Protection team.

The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.

The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.

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