Regulations Amending the Trademarks Regulations: SOR/2023-114
Canada Gazette, Part II, Volume 157, Number 13
Registration
SOR/2023-114 June 2, 2023
TRADEMARKS ACT
P.C. 2023-518 June 1, 2023
Her Excellency the Governor General in Council, on the recommendation of the Minister of Industry, makes the annexed Regulations Amending the Trademarks Regulations under section 65footnote a of the Trademarks Act footnote b.
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.
N.B. The Regulatory Impact Analysis Statement for these Regulations appears following SOR/2023-113, Rules Amending the Patent Rules.