Obligation to classify products and services according to the Nice Classification

The Nice Classification to group products and services into categories, which has been used by the Canadian Intellectual Property Office (CIPO) since 2015 but was not a formal requirement, becomes mandatory. The classification includes 34 product classes and 11 services classes.

Fees to file an application for registration based on the number of product and service classes

Filing fees are currently set at $250, regardless of the number of product or service classes involved. An additional registration fee of $200 is payable upon issuance.

This fee will increase to $330 for a single class, plus $100 per additional class. The fees for an application involving one or two classes are now slightly lower ($330 for one class, $430 for two), as compared to the current fee of $450 ($250 to file and $200 to register). However, the fees required by CIPO for applications for registration involving three or more classes are higher.

Registration period reduced from 15 to 10 years and new renewal fees

The registration period is reduced from 15 to 10 years, and registrations are now renewable every 10 years. Renewals may only be filed in the six months prior to expiry. The six-month grace period following the expiry of the renewal date is still provided.

CIPO will continue to issue renewal notices. However, under the new provisions, should CIPO be late to issue a notice, the owner may renew the trade-mark within two months from notice.

The renewal fee currently totals $350 for applications renewed online and $400 for those that are not, regardless of the number of classes or services involved. These amounts will rise to $400 for one class, plus $125 for each additional class. A fee of $500 will apply to renewals that are not filed online.