Some changes at the USPTO

On January 17, 2015, the U.S. Patent and Trademark Office enacted an amended version of its regulations impacting the amount of certain government fees and the mailing of renewal notices.

Reduced fees – The change mainly has an impact on the fees charged by the USPTO for the use of its electronic filing system.

More specifically, the fees charged for filing an initial trademark application for registration application through a "TEAS Plus" type short form, requiring the selection of pre-approved products and/or services descriptions, were lowered by $50 USD, and are now set at $225 USD per selected international class.

Furthermore, a new form called "TEAS RF (Reduced Fee)" was created for filing "regular" trademark application for registration at a lower cost, mainly to encourage electronic communications. Indeed, this new option requires the applicant to provide an email address and agree to receive as well as submit electronically any correspondence relating to the file. When used, this new form allows a $50 USD saving, thus reducing the initial government fees to $275 USD for each selected international class.

If this new filing form is used without those requirements being met (for example in case of failure to provide an email address or subsequently submitting documents by other means), additional fees equal to the amount of the rebate granted will have to be paid, and the application will then be processed as if it had been filed through the usual form ("TEAS Regular").

Similarly, renewal fees for trademarks were lowered by $100 USD when the corresponding application is filed electronically.

This is a meaningful initiative which aims to promote electronic communications with users, in particular to enhance the USPTO’s efficiency and performance.

We encourage you to refer to the relevant regulations available online at

Renewal notices – It is also worth noting that the USPTO recently started sending automated reminder notices for trademarks deadlines to be met post-registration.

Of course, this pertains to files where a valid email address is entered and the authorization to communicate through email is provided on record. Although these notices are in no way meant to replace a deadline docketing system, they seem to be a useful double checking tool for your file follow-up.

For more information on the foregoing, please don’t hesitate to contact the CRAC trademarks team.

February 13, 2016: Automatic Dissolution of Corporations Still Governed by Part I of the QCA

Me PATRIC BESNER - Besner, Avocats d’affaires

Automatic dissolution – By February 13, 2016, corporations currently governed by Part I of the Québec Companies Act ("QCA") must transmit articles of continuance to the enterprise registrar; failing this, they shall be automatically dissolved under the Act1 on February 14, 2016. The term "transmit" simply means that the articles must be sent to the registrar. Hence, the Articles do not need to be issued by the registrar on or before February 13, 2016.

At the time of the Company Act reform in 1980-81, the Québec legislator preferred not to impose a deadline to require continuance for Part I-governed corporations, under Part IA. For its part, the federal government had chosen, at the time of the 1975 reform, to force continuance within five years, under its new Act. Therefore, corporations governed by Part I have had nearly 25 years to secure their continuance. Could this be a sign of procrastination?

Articles of continuance – Continuance must be effected in accordance with the provisions of sections 288 through 296 of the Québec Business Corporations Act (QBCA). In addition, the requirements of sections 123.132 and 123.133 of the QCA2 must be met, i.e.: adoption of a regulation regarding continuance by the directors and ratification of such regulation by a two-thirds majority of the votes cast by the shareholders at a special general meeting.

Possible revival – What can be done if continuance is not effected and the corporation is dissolved next February 14? Fortunately, even though a corporation governed by Part I of the QCA is dissolved for not proceeding with its continuance within the specified timeframe under section 715 of the QBCA, it will be possible to revive such company through section 365 of the QBCA, which provides that "the enterprise registrar may revive, as a corporation governed by this Act, a corporation to which the Companies Act applied and that was dissolved (…) by the sole operation of law".

Advance notice – The Québec legislator has no obligation, under the QBCA, to send any kind of notice to corporations that are still governed by Part I. For its part, the enterprise registrar has not yet expressed its position regarding the sending of notices nor to accredited intermediaries.

  1. Section 715, Québec Business Corporations Act ("QBCA")
  2. Sections 715 and 728, QBCA

CRAC moved!

New address
Just in time to celebrate our first year as a division of ESC Corporate Services Ltd., CRAC is now installed to a new location that is better suited to both expand our services and to better satisfy our clients’ needs.

We have regrouped various departments and services to further support and promote that communication and collaboration are at the forefront of our operations and to reflect the culture and positive atmosphere already well established within our corporation.

As of April 27, 2015, our new office is now located at:

4428 St-Laurent
Suite 500
Montreal, Quebec  H2W 1Z5

Thank you for updating your contact information!

4 digit telephone extensions
Please note that our phone numbers remain the same, but our extensions are now composed of 4 digits. All you need to do is add a zero at the end, for example, the extension 335 becomes 3350. Click here for the complete list of telephone extensions.

Please continue to send your payments to our Toronto office at the address shown at the bottom of our invoices.
Thank you!

News from us...

Welcome back Rosanna!

After an absence of a few years to be with her family, Rosanna D’Aloé is back at CRAC!

You might remember that Rosanna worked as a paralegal, and then as a team leader within Corporate Services until June 2009. She has therefore a very good knowledge of our clients and of the legal environment (corporate field).

Now that her eldest son is old enough to play with our cosom hockey team, Rosanna is back with her usual enthusiasm and energy, ready to meet the new challenge we submitted to her.

Given her warm and friendly personality, we offered her a position which matches her natural abilities: she is now our Business Development Coordinator.

She’s fluently trilingual, and you will surely hear a smile in her voice when she contacts you to welcome you as a new client, to offer you services that might be of interest to you or to make sure you are satisfied with our services. Always receptive to your needs, she is from now on the person you can contact for any questions or comments you might have about our products or services.

Welcome Zachary!

Last January 16, Émilie Jalbert, paralegal with Corporate Services, welcomed her first child, Zachary.

A beautiful, healthy baby boy. Congratulations!

SOQUIJ’s Caselaw Selection

Constitutional – The constitutional arguments raised by Anglophone merchants from the Montreal area who violated the provisions of the Charter of the French Language governing signs, packaging and the marketing of their business are all rejected.

The full text of the judgment is available here


Charter of the French Language – The posting practices in dispute comply with the Charter of the French Language and the Regulation respecting the language of commerce and business, which allow the public posting of trademarks that do not include French (and have no French version), even when the mark in question is posted on the store front.

The full text of the judgment is available here


Intellectual Property – Contracts drafted by the appellant lawyer on behalf of his clients do not constitute an original work within the meaning of section 5 of the Copyright Act.

The full text of the judgment is available here


Compagnies – Given that some aspects of the oppressive conduct took place after the coming into force of the Business Corporations Act, the Court may derive the remedies it deems appropriate from that statute.

The full text of the judgment is available here


Compagnies – The resolution of the directors authorizing the assignment in bankruptcy should be quashed because its adoption violated a veto right set out in a shareholders’ agreement.

The full text of the judgment is available here