CIPO's TrademarkRegistration Fee Adjustments for 2024

The Rationale Behind the Fee Adjustment

The CIPO emphasizes that this fee increase is a necessary step to address its existing structural deficit and ensure the organization's financial sustainability. Unlike some entities that receive annual funding from the government, CIPO operates exclusively on the revenues generated through service fees. It's noteworthy that this marks the first comprehensive fee review since 2004 and the first substantial fee adjustment in as long. Several factors, including nearly 30% inflation since 2004, labor costs, application volumes, and essential capital investments, have converged to create a critical financial situation for the organization.

This fee adjustment is also central to supporting Canada's Intellectual Property (IP) Strategy. It helps meet the growing demand, fulfill trade and treaty obligations, provide internationally comparable services, and address the critical capacity and technological investments required to improve the quality of services CIPO offers its clients.

New Trademark Fees

The adjusted fee structure, effective 1 January 2024, includes:

• A one-time 25% fee increase applied to most CIPO fees.
• An annual fee adjustment for specific CIPO fees, in compliance with the Service Fees Act.
• Adjusted fees are rounded to the nearest whole dollar amount.

It's important to note that the 25% fee increase does not affect "small entity" patent fees for Canadian small businesses. Notably, the definition of "small entity" concerning patent fees is expanding to include entities employing fewer than 100 employees, up from the previous threshold of 50 or fewer employees

Implications for Your Trademark Strategy

• File new trademark applications or renew existing registrations before January 1, 2024, to avoid higher fees. Start with your application or trademark renewal by filling up this form.
• Evaluate your trademark portfolio, identify any unused or unnecessary marks, and consider abandoning them to reduce renewal costs. If you have registered trademarks that you are not using or do not intend to use in the future, you may want to consider voluntarily cancelling them before they are due for renewal. This will save you from paying the higher renewal fees and free up the trademarks for others to use.
• Seek professional assistance from a reputable law firm that specializes in trademark law. Patrola Law can help you with every step of the trademark registration process, from conducting thorough searches to preparing and filing applications to handling any objections or oppositions that may arise. We can also advise you on the best strategies to optimize your trademark portfolio and minimize costs.