Publication Date: June 17, 2019
This notice is intended to clarify the practice of the Trademarks Office with respect to trademark application fees.
The prescribed fee for an application for the registration of a trademark under paragraph 33(1)(f) of the Trademarks Act is dependent on the number of classes of goods or services to which the application relates as of the filing date.
Subsection 32(4) of the Trademarks Regulations specifies that the fee required to obtain a filing date is the fee listed in Item 7(a)(i) or 7(b)(i) of the Tariff of Fees, namely the fee for the first class of goods or services. Therefore, the fee of $430 (or $330 if submitted online) must, at a minimum, be paid to obtain a filing date.
Subsection 32(1) of the Trademarks Regulations specifies that an applicant must pay the applicable fee set out in Item 7 of the Tariff of Fees. Therefore, prior to a trademark application being advertised, an applicant must also pay the fee set out in Item 7(a)(ii) or 7(b)(ii) for each additional class of goods or services (if applicable). The fee applicable under Item 7(a)(ii) or 7(b)(ii) will be calculated based on the number of Nice Classes that apply to the goods or services listed in the application on the day the application was granted a filing date.
The applicant cannot avoid the fee for additional classes by removing goods or services after an application has been granted a filing date.
An application for the registration of a trademark is filed in association with the goods "statues made of marble" in class 19 and "statues made of common metal" in class 6 and pays $430 ($330 if submitted online) to obtain a filing date. Subsequent to the initial application, the applicant amends the statement of goods to remove "statues made of marble". As the application fee is determined based on the number of classes of goods or services in the application at the filing date, the total application fee would be $530 ($430 if submitted online), despite the applicant removing one class of goods.
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