Opposition and objection fees

You'll need to pay a fee to oppose or object to someone's intellectual property (IP) right. Here's what you can expect to pay at each stage of the process.  

  • Trade marks
  • Patents
  • Design rights
  • Plant breeder's rights

Trade marks

You'll need to pay a fee to file an opposition against a new trade mark application, amendments to a new application, and an extension of time request. If you proceed to an opposition hearing, there are additional fees involved.

Opposition fees

An opposition costs a minimum of $250.

Action  Fee 
File a notice of opposition $250
File a notice of opposition to an amendment that has been advertised for opposition $250
File a notice of opposition to an extension of time that has been advertised for opposition $250

 

Removal of a trade mark fees

Requesting the removal of a trade mark costs a minimum of $250.

Action  Fee
Apply for removal of a trade mark for non-use  $250

 

Request an extension of time fees

You can request an extension of time during the opposition process. It costs a minimum of $150.

Action Fee
Apply for an extension of time to file a notice of intention to oppose registration of a trade mark $150 per month
Apply for an extension of time to file a notice of intention to oppose removal of a trade mark $150 per month
Apply for an extension of time to file a statement of grounds and particulars $150 per month
Apply for an extension of time to file a notice of intention to defend $150 per month
Apply for an extension of time to file evidence in an opposition to registration of a trade mark $150 per month
Apply for an extension of time to file evidence in an opposition to removal of a trade mark $150 per month

 

Hearing fees

An opposition hearing costs a minimum of $400.

Action Fee 
Initial hearing request $400 per trade mark
Oral hearing in person First day: $800 or $400 if you requested the hearing
Following days: $800 per day
Oral hearing by video or telephone First day: $600 or $200 if you requested the hearing
Following days: $600 per day
Hearing by written submissions $400 or free if you requested the hearing

Patents

You'll need to pay a fee to file an opposition against a new patent application and request re-examination of a granted patent. Opposition hearings involve additional fees.

Opposition fees

An opposition costs a minimum of $600.

Action  Fee 
File a notice of opposition  $600

 

Request an extension of time fees

Under some circumstances, you can request an extension of time to submit your evidence. The fee depends on the nature of the extension. 

Action Fee 
Request an extension of time to file an opposition $100 per month or part thereof
Request an extension of time to file a notice of grounds and particulars $100 per month or part thereof
Request an extension of time to file evidence in a substantive opposition $500 per month or part thereof


Re-examination of a patent fees

Re-examination of a granted patent costs a minimum of $800.

Action Fee
Request re-examination of a patent $800 

 

Opposition hearing fees

An opposition hearing costs a minimum of $600.

Action Fee
Oral hearing in person $1,000 per day
Hearing by written submissions $600

 

If you've already paid the $600 for a written submission and then proceed to an oral hearing, you'll only need to pay an additional $400 for the first day of an oral hearing.

Design rights

You'll need to pay a fee to request re-examination and to oppose an extension of time. If a hearing is required, you'll need to pay additional fees.

Third party re-examination fees

The re-examination of a design costs a minimum of $210. Both the applicant and the opponent are each required to pay a fee.

Action Fee
Third party fee $210 
Registered owner fee $210 

 

Extensions of time fees

Opposition to an extension of time costs a minimum of $550.

Action Fee
Opposition to extension of time $550

 

Dispute hearing fees

A dispute hearing costs a minimum of $600.

Action Fee
Initial hearing request $600
Hearing appearance $600 per day 

Plant breeder's rights

You'll need to pay a fee to object to a new plant breeder's right application.

Objection fees

An objection costs a minimum of $100.

Action Fee
Lodge an objection $100

Other costs

If you have an attorney acting on your behalf, you may be liable for additional legal fees. If your opposition is unsuccessful, you may also be liable for a small part of the other party's costs.