First, CIPO-approved entries have now been added to TMClass, a multi-jurisdictional database of
acceptable goods and services claims maintained by
Europe's Office for Harmonization in the Internal Market
(OHIM). TMClass now contains acceptable goods and services
descriptions for nearly 40 different jurisdictions in 29 different
languages, making it an increasingly useful resource for
practitioners who are crafting IDs with an eye to minimizing or
altogether avoiding local ID objections.
CIPO's entries were added to the TMClass database on August
25, 2014, and are denoted in the database by a "CIPO –
Additionally, CIPO has now updated its own database to denote IDs that are
acceptable to local authorities in the US, Japan, Korea and under
the OHIM regime.
By way of background, in 2009 CIPO signed a memorandum of
co-operation with the "Trilateral Partners" – a loosely
organized group of jurisdictions who have worked to promote
and effect harmonization in their IP registration systems over the
last few decades.
The Memorandum saw CIPO join the Partners' trademark
identification project. The goal of the project was to create and
maintain a list of IDs for goods and services that, if entered in
an application for the registration of a trademark in any Partner
country, would be accepted.
Changes to the Canadian Wares and Services Manual
were made briefly in 2011 to denote terms acceptable to the
Trilateral Partners; however, those changes were reversed almost immediately when CIPO
concluded many terms it had added did not comply with Canadian
Apparently those issues have now been resolved. Canadian
Wares and Services Manual entries that are
'Trilateral-compliant" are now denoted in the database
with the use of a capital "T".
While the law has been passed by the federal
government, it has not yet come into force – and just when
the new provisions will take effect is unclear.
Notably, CIPO has not yet publicly distributed any drafts of the
supporting regulations the new law requires. However, CIPO
has suggested that it will consult with trademark professionals
later this fall on those regulations.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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A recent Saskatchewan Court of Queen's Bench decision allowed a court-appointed receiver to sell and transfer intellectual property rights free and clear of encumbrances, finding that a license to use improvements of an invention was a contractual interest and not a property interest.
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