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.