On November 14, 2018, the new Trademark Regulations were published in the Canada Gazette Part II, which set forth Canada’s new trademark regime which is scheduled to enter into force on June 17, 2019. These amendments impact all aspects of trademark selection, filing procedures, oppositions, registration and enforcement. Some of the important changes include: – 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 Source: www.bereskinparr.com
The Director General for Trademarks at the Canadian Intellectual Property Office announced the future accession of Canada to the Madrid Protocol. It is expected that Canada will join the treaty in early 2019. Source: WIPO.int
A new statutory and regulatory framework came into effect in Canada on September 21, 2017 which will allow Canada to fulfill its obligations under the Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union which would allow for the extension of the term for drug patents due to delays resulting from regulatory approval. At present the United States, Japan and Australia currently have such adjustments to the terms of drug patents. If eligible, the term of a patent can be extended by up to two years. Source: Kirby IP
The Intellectual Property Institute of Canada has delayed the overhaul of its trademark laws and regulations as well as anticipated changes to patent rules and industrial design regulations until the latter part of 2016.
In September 2015, Canada began accepting voluntary registrations for trademarks using the NICE Agreement. Previously, Canada was one of the few countries worldwide that had not adhered to the Nice Classification of Goods and Services for the purposes of the Registration of marks. This move will streamline the process for applicants searching for potential conflicting trademarks and will also reduce translation costs which foreign trademark offices previously required