Canada's TM Laws to be Modernized this June

Canada is acceding to 3 international treaties in an effort to modernize our trademark regime.  

​The Madrid Protocol will help Canadian businesses file foreign trademark applications with a single application.  See our blog on Madrid here.

The Singapore Treaty standardizes procedures for filing applications and makes those procedures more consistent internationally.  It also recognizes non-traditional marks such as scents, holograms and colour.

The Nice Agreement standardizes the classification of goods and services across member countries.

The Trademarks Act and Regulations have also been amended and these changes will come into force on June 17, 2019.  Among the key amendments are:

• the ability to file international applications through the Madrid System
• the ability to register non-traditional marks such as taste, scent, texture etc.)
• the ability to divide applications
• simplified application requirements, including the elimination of filing grounds
• the elimination of use as a pre-requisite to trademark registration in Canada
• the ability to file evidence electronically
• the ability to correct errors
• new bases for opposing trademarks, including "bad faith"
• the ability to recover costs in oppositions
• the ability to obtain confidentiality orders in oppositions
• case management for opposition and cancellation proceedings
• the reduction of registration and renewal terms from 15 years to 10 years

CIPO is also modernizing its online platform to improve e-filing.  The plan is to have file histories online so that they can be searched electronically by 2022.

If you would like further information on the upcoming changes, please contact us.

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Photo by Kyle Glenn on Unsplash