Author: David Durand

As of June 17, 2019, all statements of goods and/or services of trade-mark applications must be classified in accordance with the Nice Agreement[1], which Canada will be acceding to as of this date. The Nice Agreement “[…] governs an international system used to categorize goods and services for the purpose of registering trademarks. The Nice Classification system creates specific categories for goods and services that are harmonized across all member countries, making it easier to search for and compare different trademarks” [2].

Nice Classification (“NCL”)

The NCL requires goods and services of a trade-mark application to be classified into one of forty-five classes; of which classes 1 to 34 relate to goods and class 34 to 45 related to services[3]. Under this framework, special care must be exercised in classifying your goods and/or services in an application, as it will have a direct impact on your trademark filing costs. Indeed, as the trademark filing fees will become dependent on the number of selected classes, it is suggested to file multi-class trademark applications before June 17, 2019, so as to benefit of the current filing fee structure. Thereafter, government filing fees will increase from $250 (for an unlimited number of classes) to $330 for the first class and $100 for each additional class of goods and services (corresponding to a multi-class fee structure).

Comparative example

Number of classes in your trademark application Government filing fees before June 17, 2017 (current regime) Government filing fees on June 17, 2019
1 $250 $330
2 $250 $430
3 $250 $580
10 $250 $1230

For more information on the above, please contact us.


[1] https://www.wipo.int/treaties/en/classification/nice/index.html

[2] http://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr02322.html

[3] https://www.wipo.int/classifications/nice/en/index.html

NOT LEGAL ADVICE.
Information made available on this website in any form is for information purposes only. It is not, and should not be taken as legal advice. Should you have any questions, please do not hesitate to contact us (provided that there is no conflict of interest).

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