In Canada there is a single charge for the application, regardless of the number of items involved. However, in the U.S. (and most of the rest of the world) the government’s application charge depends on the nature and number of items to be covered. In particular, all wares and services are divided into 45 classes, and the U.S. government charges $275 – $325 USD per class. Therefore, when applying for a U.S. trademark we must ‘translate’ the Canadian description of wares and services into something that will be acceptable to the U.S. Patent and Trademark Office (USPTO). This involves, amongst other things, dividing the Canadian wares and services into the classes that the U.S. uses.

An Example

Suppose we have applied in Canada for the following wares and services: computer software, clothing and sports bags. There would be one single CIPO application charge of $250.

If we apply for the same wares and services in the U.S. it would involve three (3) classes as follows:

• Class 9 – Computer Software
• Class 18 – Sports bags
• Class 25 – Clothing

The USPTO application charge is $275-$325 USD per class. Therefore, the U.S. application charge for this mark would be $825-$975 USD.