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Amendments to Trademark Laws

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Jun 06, 2019 (Newsletter Issue 7/19)
Canada
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Final Countdown to New Trademarks Act


The long-awaited new trademark regime will come into force on June 17, 2019. The Canadian Intellectual Property Office (CIPO) is preparing and informing of a blackout period for CIPO’s online services from June 13, 2019 at 00:00 am EDT to June 17, 2019 at 06:00 am EDT to adjust to the amendments that will soon come into force.

As reported earlier, these amendments impact all aspects of trademark selection, filing procedures, oppositions, registration and enforcement. Some of the important changes are below:
- Expansion of non-traditional marks
- Declarations of use no longer be required at the time of application
- Goods and services must be classified according to the Nice Agreement
- Introduction of a class-based fee structure
- Priority claims can be asserted from any prior application
- Ability to divide applications and registrations
- Reduction of term of protection from 15 years to 10 years
- Accession to the Madrid Protocol
- The new distinctiveness examination criteria will apply to all pending applications

For more information, check the overview table, which shows the changes of the old and new trademark system. The overview table was provided by the Canadian law firm Benoît & Côté.

Source: www.ic.gc.ca