Trademark Filings in 2019

Approximately 68000 trademark applications were filed in 2019 (up about 6% from 2018). About 33% were filed without an agent (25% of marks prior to June 17; 44% of marks filed after although CIPO appears to be still updating agents for 2019 incoming Madrid marks) compared to about 24% in 2018. There were about 7500 incoming Madrid filings. See more stats, including my annual list of firms filing the most trademark applications.

Because of the increase in the number of marks showing as being filed without an agent, most firms filed fewer marks than in 2018. The top five firms that filed the most marks in 2019 was unchanged from 2018: Gowlings, B&P, Smart & Biggar, Robic and and BLG (see list of the top-50 firms by volume). Note that the numbers for firms will likely increase as agents are appointed for incoming Madrid 2019 marks and that gets reflected online.

Since the rules changed in June (see blog post), some “non-traditional” marks have been filed:

  • 111 for colour per se (although it appears in many cases, the applicant is merely suggesting their design is in colour rather than b/w)
  • 8 for sound
  • 15 for taste (although for 8 of these, the taste was in addition some other type)
  • 4 for scent

I noticed that in some cases, the applicant listed multiple categories so will likely have to amend their application to avoid rejection. In one case, the applicant identified their mark as a Design, Position, 3D mark, Texture, Taste, Mode of packaging and Colour in a single application.