Canadian Intellectual Property Office Fee Increases for Trademark and Industrial Design Services – Effective January 1, 2021
June 30, 2020
As of January 1, 2021, the Canadian Intellectual Property Office (CIPO) will be raising certain fees related to trademarks and industrial designs by 2%. This is in keeping with the Service Fees Act of 2017, which permits government departments and agencies to raise their fees annually to reflect inflation.
The question of whether a particular service is subject to current rates or adjusted rates will depend on the date payment is received, and not on the date the service is requested.
Not all fees will be affected by the increase. Specific fees impacted by the increase include those for:
- filing a trademark application and inclusion of additional classes;
- filing a statement of opposition;
- filing an application to extend the statement of goods or services covered by a registration;
- requesting issuance of a notice pursuant to Section 45(1) of the Trademarks Act (summary non-use cancellation proceeding);
- trademark renewal and additional classes;
- registration (only applicable to applications filed prior to June 17, 2019);
- requesting protection of a geographical indication;
- giving public notice of an official mark; and
- filing for, and maintaining, industrial designs.
As noted, the increase is only 2%, which is not prohibitive. Just by way of example, trademark application filing fees will increase from CDN $330 for the first class of goods or services to CDN $336.60, with the fees for each additional class of goods or services to increase from CDN $100 to CDN $102. This will not likely impact rights holders’ decision as to whether or not to file, but it is certainly a departure from what rights holders in Canada are used to, since CIPO’s fees have held steady for a number of years.