Author: David Durand

Those dealing in precious metals in Canada must comply with several requirements, ranging from AML/ATF[1] considerations to marking requirements under the Precious Metals Marking Act (“PMMA”)[2] and its corresponding regulations[3] and guides[4], released by the Competition Bureau of Canada.

In line with Canada’s efforts to modernize its trademarks regime and accession to various international treatises[5], Canadian trademark applicants will now have to specifically identify the class of goods and services in which their goods and services will fall under the Nice Classification[6]. Though the majority of precious metal goods will fall within Class 14, other classes may apply and be included in your trademark application. Further note that as of June 17, 2019, government filing fees will be based on classification, namely $330.00 (CAD) for the first class, and $100.00 for each additional class for applications filed online. In this regard, it is recommended to file multi-class applications in Canada before the June 17, 2019 cut-off so as to benefit of the current fee structure.

For more information regarding the above, please do not hesitate to contact us.

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).


[1] See: http://www.fintrac-canafe.gc.ca/re-ed/dpms-eng.asp and https://www.canadianjewellers.com/media/uploads/Publications/FINTRAC_WhatYouNeedToKnow.pdf, accessed on May 16th, 2019.

[2] R.S.C., 1985, c. P-19, available at: https://lois-laws.justice.gc.ca/eng/acts/P-19/, wherein it is stipulated at section 4(3): “Where a quality mark is applied to a precious metal article in accordance with this section, a mark that is a registered trade-mark within the meaning of the Trade-marks Act, or in respect of which an application for registration that is acceptable to the Minister has been filed in accordance with that Act, shall be applied to the article in a manner authorized by the regulations.”

[3] Precious Metals Marking Regulations, C.R.C., c. 1303, available at: https://lois-laws.justice.gc.ca/eng/regulations/C.R.C.,_c._1303/.

[4] The Competition Bureau of Canada has released guides, entitled the “Precious Metals Marking Act and Regulations” (available at: https://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/01234.html), the “Precious Metals Marking Act” (available at: https://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/02909.html), and the “Precious metals marking” (available at: https://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/h_02939.html).

[5] Joining the Singapore Treaty, the Madrid Protocol and the Nice Agreement, and Modernizing Canada’s Trademarks Regime — An Overview, available at: https://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr04260.html.

[6] Summary of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (1957), available at: https://www.wipo.int/treaties/en/classification/nice/summary_nice.html.

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