What trademark registration changes apply in Canada as of June 2019?

As of June 17, 2019 important changes were implemented in the legal framework of trademark registration in Canada that modernized and simplified the processes and allowed access to three international treaties: Nice Agreement, Madrid Protocol and the Singapore Treaty.

The modernization of the trademark registration process brought important benefits, most importantly:

  • The reduction of trademark registration fees, given the elimination of the final registration fees (CIPO, 2019), for applications of up to 2 classes.
  • The use of the “Nice Classification” that categorizes the products and services to be protected in 45 classes. This harmonized classification system facilitates the search and comparison of trademarks on a national and international level. The official fees to file and renew marks in Canada currently are defined according to the number of requested classes.
  • The possibility of filing a Canadian trademark registration in all member countries of the Madrid System, through one international application.
  • The simplification and standardization of the trademark registration procedures through the Singapore Treaty, that among other aspects, reduces the requirements for filing applications. For example, information regarding the use of the mark will no longer be required to obtain the registration.
  • The extension of the concept of a trademark, allowing the registration of “nontraditional” marks such as smells, flavors and textures.

 Another relevant change to consider is the reduction in the trademark registration and renewal period. With these changes that were implemented on June 17, 2019, the validity of trademarks that are registered or renewed after this date were reduced from 15 to 10 years.

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