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ARTICLE · 30 MAY 2019

Nice Classification With A Trap – Canada Introduces "Class Top-Up" Fees With No Back Door

With the long awaited changes to the Canadian Trademarks Act and Regulations just around the corner, brand owners should be excited about Canada's alignment with international trademark standards and the new opportunities these changes will bring.

CanadaIntellectual Property

With the long awaited changes to the Canadian Trademarks Act and Regulations just around the corner, brand owners should be excited about Canada’s alignment with international trademark standards and the new opportunities these changes will bring. 

Among the changes coming into force in Canada on June 17, 2019 is the addition of provisions that will, among other things, require all trademark applications and registrations to comply with the Nice Classification system.  The Nice Classification system categorizes goods and services into 45 general classes that are (more or less) harmonized across member countries to facilitate global trademark searching and comparison. 

However, brand owners should be aware that Canada has adopted a unique policy concerning the required filing fees which differs significantly from the general practice of other member countries.

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The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.

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