As of June 2019, the cost to register a trademark in Canada has increased. Registrants will now pay $330 for basic online trademark registrations, including one international class. For each additional class of goods or services, the cost is $100. For those filing through paper applications, a charge of $100 will be added.
If you’ve recently registered your trademark with the USPTO here in the United States, you likely understand the important rights and legal protections you gain through registration. You may, however, wonder if international trademark registration is the next step. If you currently do business in Canada, or plan to in the future, now is the time to consider Canadian trademark registration. While there are costs associated with registering a trademark in Canada, the benefit of having your trademark protected far outweighs the expense. Consider the following about the cost to register a trademark in Canada.
Recent Changes to Canada’s Trademark Laws
Canada’s long standing trademark laws saw some significant changes recently. The biggest of these changes is that use is no longer a requirement for registration. Previously, anyone wishing to register a trademark would need to document how it was used in the marketplace. This change was intended to simplify the application process and allow for new business owners to obtain a trademark much more quickly. In addition, Canada’s definition of a trademark has expanded. You will now be able to protect not only names, logos, and slogan, but also non-traditional marks, like smells, tastes, color schemes, and even holograms.
To align more consistently with other trademark offices around the world, Canada has also entered the Madrid Protocol. This international treaty allows a registrant to complete a single trademark application that can then be applied to more than 90 member countries. In addition, the country will be adhering to the Nice Agreement, which divides all goods and services into 45 classes: 34 for products and 11 for services. Registrants will also see an increased cost to register, especially if they plan to register in more than one international class.
Cost to Register a Trademark in Canada
With the June 2019 changes to Canadian Trademark Law, the cost to register a trademark has increased. Prior to the changes, a basic trademark registration cost $250 and covered any number of goods and services. Now, however, registrants will pay a fee of $330, which will include one class of goods or services. Other classes of goods and services can be added to the registration for a cost of $100 each. If you register through a paper application, you can expect to pay an additional $100 fee.
In addition to registration, trademark owners may have other expenses overtime. The following is a list of common trademark expenses:
- Renewal fees: $400 for the initial good or service including on the application; $125 for each additional good or service
- Transfer of ownership: $100
- Statement of Opposition: $750
Cost of Not Registering a Trademark in Canada
In today’s global marketplace, it is not uncommon to assume that if you aren’t currently doing business in Canada, you may one day soon. Unfortunately, some business owners overlook the need to international registration. While a Canadian trademark registration may seem cost prohibitive at first, in many cases, you can’t afford not to register your mark in Canada.
Because Canada is now a first-to-file country, the need to seek international registration is even more imperative. With use no longer a requirement to register, trademark rights will be granted to the first business or individual to file for registration. The law was designed to make trademark registration in Canada easier, but it may also usher in more bad faith registrations. These occur when a person with ill-intent files for trademark registration with the hopes to profit off the mark in the future, either by selling counterfeit products or by ransoming the mark to its rightful owner at a much higher price. The best defense against these bad faith registrations is to simply be the first to register your trademark in Canada. Failing to do so could cost much more than the initial registration fees in the long run.
Obtaining a Canadian Trademark Registration
As you prepare to file your trademark in Canada, it is important to know the costs associated with registration. For a basic trademark application, you will pay $330, which will include one class of goods or services. Each additional class will cost $100. Because of these increased fees, and the need to pay for each class individually, it is wise to work with an experienced trademark attorney. The cost of the attorney will be in addition to these government fees. This will ensure you’ve registered your goods and services correctly and make your international registration process run as smooth as possible.