Canada Gazette, Part I, Volume 156, Number 53: Regulations Amending the Trademarks Regulations
December 31, 2022
Statutory authority
Trademarks Act
Sponsoring department
Department of Industry
REGULATORY IMPACT ANALYSIS STATEMENT
For the Regulatory Impact Analysis Statement, see the Rules Amending the Patent Rules.
PROPOSED REGULATORY TEXT
Notice is given that the Governor in Council proposes to make the annexed Regulations Amending the Trademarks Regulations under section 65footnote a of the Trademarks Act footnote b.
Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. They are strongly encouraged to use the online commenting feature that is available on the Canada Gazette website but if they use email, the representations should cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Doug Milne, Senior Director, Policy, International Affairs and Research Office, Canadian Intellectual Property Office (email: doug.milne2@ised-isde.gc.ca).
Ottawa, December 14, 2022
Wendy Nixon
Assistant Clerk of the Privy Council
Regulations Amending the Trademarks Regulations
Amendments
1 Section 26 of the Trademarks Regulations footnote 1 is replaced by the following:
Fee
26 Any person or entity that requests the giving of public notice under paragraph 9(1)(n) or (n.1) of the Act must pay the fee set out in item 5 of the schedule to these Regulations.
Geographical Indications
Fee
26.1 Any person, firm or other entity that requests the protection of a geographical indication must pay the fee set out in item 6 of the schedule to these Regulations.
2 (1) Subsection 154(1) of the Regulations is replaced by the following:
Exception to subsections 32(1) and (2)
154 (1) If the filing date, determined without taking into account section 34 of the Act, of an application for the registration of a trademark, other than a Protocol application as defined in section 96 of these Regulations, precedes the coming-into-force day and the trademark has not yet been registered on that day, subsections 32(1) and (2) of these Regulations do not apply and the person that filed the application must pay the fee set out in item 20 of the schedule to these Regulations in addition to the fee, set out in item 1 of the schedule to the former Regulations, that they have already paid.
(2) The portion of subsection 154(2) of the Regulations before paragraph (a) is replaced by the following:
Deemed payment of fees
(2) If the fee set out in item 20 of the schedule to these Regulations is paid in respect of an application referred to in subsection (1), the fee referred to in that item is deemed to have been paid for
3 The schedule to the Regulations is amended by replacing the references after the heading “SCHEDULE” with the following:
(Sections 14, 26, 26.1, 32 and 36, paragraph 40(b), sections 42, 60, 62, 64, 67, 75 and 78, subsection 94(1), section 95, subparagraph 149(d)(ii), paragraph 153(a) and sections 154 and 160)
| Item | Column 2 Fee ($) |
|---|---|
| 1 | 150.00 |
| Item | Column 1 Description |
Column 2 Fee ($) |
|---|---|---|
| 5 | Request for the giving of public notice under paragraph 9(1)(n) or (n.1) of the Act, for each badge, crest, emblem, mark or armorial bearing | 694.00 |
| 6 | Request for the protection of a geographical indication | 638.00 |
| Item | Column 2 Fee ($) |
|
|---|---|---|
| 7 | (a) (i) | 458.00 |
| (ii) | 139.00 | |
| (b) (i) | 597.00 | |
| (ii) | 139.00 | |
| 8 | 125.00 | |
| 9 | 1,040.00 | |
| 10 | (a) | 597.00 |
| (b) | 139.00 | |
| 11 | 555.00 | |
| 12 | 125.00 | |
| 13 | 555.00 | |
| 14 | (a) (i) | 555.00 |
| (ii) | 173.00 | |
| (b) (i) | 694.00 | |
| (ii) | 173.00 | |
| 15 | 1,387.00 | |
| Item | Column 2 Fee ($) |
|---|---|
| 16(a) | 44.00 |
| Item | Column 2 Fee ($) |
|
|---|---|---|
| 17 | (a) | 44.00 |
| (b) | 13.00 | |
| Item | Column 2 Fee ($) |
|---|---|
| 18(a) | 1.00 |
| Item | Column 2 Fee ($) |
|
|---|---|---|
| 19 | (a) | 13.00 |
| (b) | 13.00 | |
| (c) | 13.00 | |
| Item | Column 1 Description |
Column 2 Fee ($) |
|---|---|---|
| 20 | Registration of a trademark in respect of an application with a filing date before June 17, 2019 | 277.00 |
Coming into Force
12 These Regulations come into force on January 1, 2024.
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