SAVE MONEY: Renew all Canadian trademark registrations now

Smart & Biggar

Smart & BiggarIn this two-part series, we will discuss important strategies to consider before Canadian trademark law changes on June 17, 2019, including tips that could save you and your clients time and money, now and in the future.

In this article, we follow-up on SAVE MONEY: File your multi-class applications in Canada now with a second money-saving strategy to consider before the new laws come into force.  The changes are significant both procedurally and substantively, and you can learn more about how Canadian trademark law will be overhauled in our past article.

Renewal fees will increase significantly, especially for multi-class TRADEMARK registrations

Because Canada does not currently have a mandatory classification system, the government fee to renew a registration is $350 CAD* whether the registration lists one class or all 45 classes.

However, when the law changes on June 17, 2019, a new fee-per-class structure will be implemented. Under the new law, the government renewal fee will be $400 CAD for the first class and $125 CAD for each additional class. Accordingly, for a registration listing goods and services in all 45 classes, the government renewal fee will increase from $350 CAD today, to $5,900 CAD on June 17, 2019.

Moreover, under our current law, any Canadian trademark registration can be renewed prior to June 17, 2019, regardless of the renewal deadline. In other words, even if the renewal deadline is nine years away, the registration can be renewed today.

We note that the renewal term will be the same, regardless of when payment is made. If the current term expires on or later than June 17, 2019, the new term upon renewal will be 10 years.

TIP: Brand owners can potentially realize huge savings if they take steps to renew all existing Canadian trademark registrations before June 17, 2019.

* At the moment, the Canadian dollar is roughly equivalent to 0.75 USD/0.66 EUR providing a natural discount for foreign applicants on all fees.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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