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02 Oct 2023
Benoit Cote
[TRADEMARKS] 25% (and up) CIPO Fee Increase in 2024 — The Clock is Ticking: Act Now & Save later!
Get a head start on your New Year’s resolutions. With 3 months left on the clock to next year: it’s time to evaluate your trademark portfolio and establish a strategy to anticipate the upcoming changes. Otherwise, the bill on January 1st, 2024 could prove costly!
To remedy its current structural deficit, the Canadian Intellectual Property Office (CIPO) has announced a substantial increase (the largest in the past 20 years) in most of its fees for patents, trademarks, copyrights, and industrial designs.
Although the fee structure remains unchanged, an increase of at least 25% is expected for most official fees starting on January 1, 2024. In fact, some fees will increase by as much as 30%!
These changes will apply to both national applications (direct filings in Canada) and international applications designating Canada (via the Madrid Protocol).
Certain actions could be considered by trademark owners between now and the end of 2023, to mitigate the impact of this increase, including:
- File new trademark applications before January 1st, 2024, especially for applicants whose trademarks cover several classes;
- Renew and classify trademark registrations before January 1st, 2024 in order to limit the fees payable per class covered by the registration;
- Pay final registration fees for applications pending before January 1st, 2024
SUMMARY TABLE OF THE FEE ADJUSTMENTS
|
2023 Fees |
2024 Fees |
|
-New Trademark Application
|
CAD$ 347.35 CAD$ 105.26 |
CAD$ 458.00 CAD$ 139.00 |
–Renewal of a Trademark Registration
|
CAD$ 421.02 CAD$ 131.58 |
CAD$ 555.00 CAD$ 173.00 |
| -Filing of a Statement of Opposition |
CAD$ 789.43 |
CAD$ 1,040.00 |
| -Filing of a request to initiate non-use cancellation proceedings |
CAD$ 421.02 |
CAD$ 555.00 |
| -Recordal of a change in ownership |
CAD$ 100.00 |
CAD$ 125.00 |
| –Registration Fees (for direct filings made prior to June 17th, 2019) |
CAD$ 210.51 |
CAD$ 277.00 |
For the complete list of fees (before and after January 1st, 2024), please visit CIPO’s fees page.
Although this will have a significant impact on the total costs of trademark services, we believe that this increase should lead to a significant improvement in the turnaround time for trademark applications and contribute to the establishment of a first-class intellectual property system comparable to some other offices internationally.
We would be delighted to answer any questions you may have about the upcoming changes, and to discuss the best strategy for your trademarks in Canada.
—
📧 Ismaël Coulibaly, LL.M. : ismael@benoit-cote.com
📧 Audrey Campeau-Brassard : audrey@benoit-cote.com
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