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15 April 2019
This article follows on from "Save money: file your multi-class applications now", with a second money-saving strategy to consider before the new trademark law comes into force on 17 June 2019. The new law will introduce significant changes – both procedural and substantive (for further details please see "The date is set – new trademark law will be in force in June 2019").
Because Canada does not currently have a mandatory classification system, the government fee to renew a registration is C$350,(1) regardless of whether the registration lists one class or all 45 classes.
However, when the new law takes effect, a new fee-per-class structure will be implemented. Under the new law, the government renewal fee will be C$400 for the first class and C$125 for each additional class. Accordingly, for a registration listing goods and services in all 45 classes, the government renewal fee will increase from C$350 to C$5,900 on 17 June 2019.
Moreover, under the current law, any Canadian trademark registration can be renewed before 17 June 2019, regardless of the renewal deadline. In other words, even if the renewal deadline is nine years away, the registration can be renewed today.
Notably, the renewal term will be the same, regardless of when payment is made. If the current term expires on or later than 17 June 2019, the new term on renewal will be 10 years.
Brand owners can potentially realise huge savings if they take steps to renew all of their existing Canadian trademark registrations before 17 June 2019.
For further information on this topic please contact Philip Lapin at Smart & Biggar/Fetherstonhaugh by telephone (+1 613 232 2486) or email (firstname.lastname@example.org). The Smart & Biggar/Fetherstonhaugh website can be accessed at www.smart-biggar.ca.
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