Trademarks and Brands

Changes Coming to Canadian Trademark Law in 2019

by T+B BLOG TEAM on Monday, 16 July, 2018

As we hit the halfway mark in 2018, it's a good time to note that sweeping changes to Canada's trademark law are expected to come into force early in 2019. Amendments to the "Trade-marks Act" include:

  • A date of first use will no longer be required.
  • The definition of a trademark will be broadened to include nontraditional items like smells, tastes, textures, and moving images.
  • Dividing trademark applications will be permitted.
  • A Declaration of Use will no longer be required.
  • The registration term will be change from 15 years to 10 years.
  • Canada will become a member of the Madrid Protocol and adopt the Nice Classification of goods and services.
  • Third party correspondence (i.e, Letters of Protest) will be permitted during prosecution. 
  • The government registration fee will be eliminated.
  • Registration fees for every classification will be introduced. 
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Topics: trademarks, Canada

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