post from July 2015, the Canadian Intellectual Property
Office ("CIPO") is now accepting trade-mark
applications filed with goods and services classified using
the Nice Classification system. As part of this process, CIPO
has also updated the online
Canadian trade-marks database, such that "Nice
classification" is now a possible search field. In
addition, the Canadian Goods and Services Manual has been updated to allow
users to search for specific terms within all 45 Nice classes, and
to cut-and-paste or import text containing a list of goods and
services for proposed classification by the
Once the upcoming
changes to the Canadian trade-mark regime come into effect,
there will be a requirement to classify the goods and services
claimed in an application into Nice classes, and to have that
classification approved by an Examiner. For the time being,
however, the classification of goods and services by an Applicant
is entirely voluntary.
As another interim point of interest, where the Examiner does
not agree with an Applicant's classification of goods and
services for a yet-to-be advertised application, CIPO will
nevertheless advertise the application in the Trade-marks
Journal if no other requirements and/or objections are
outstanding – but without the Nice classification.
Obviously, this will no longer be the case once the changes
to Canada's trade-mark regime come into force.
We will provide an update as soon as it becomes mandatory to
classify goods and services in Canadian trade-mark applications.
In the meantime, the ability to search all Nice classes and
to view the expanded list of goods and services that are acceptable
to CIPO is a welcome update.
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guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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