Sweeping changes to the Canadian Trade-marks Act will finally be implemented putting Canadian brand owners on equal footing with the rest of the world.
Taking effect on June 17, 2019, the changes will allow for the consistent classification of a brand owner's goods and services as Canada will finally adopt this process under the Nice Agreement.
Canada will also be eliminating the requirement for filing a declaration of use for those applications that were filed under proposed or intent to use. This means that owners will not need to have a commercial sale prior to registration.
Canada will also be reducing the length of time brand owners have to renew their trademark from 15 years to 10 years so as to comply with the Singapore Treaty.
While most changes are for the better, Canadian national trademarks will cost the applicant or brand owner more, with additional fees for multiple classes both on filing your trademark applications and on renewing your registrations.
Madrid Protocol
One of the biggest changes is that Canada will now be a part of the Madrid Protocol which allows for a single trademark filing in up to 120 countries. This process will allow a Canadian brand owner to secure global trademark rights in a timely and cost efficient manner.
This new process will allow for Canadian companies to utilize their Canadian trademark applications or registrations as a foundation for their Madrid Protocol filing and eliminate the need for retaining foreign trademark counsel unless there is an objection at the local trademark office. This will mean significant savings to Canadian brand owners.
NRF Parker
To navigate these extensive changes we have developed NRF Parker, a chatbot to help answer questions day or night. Developed by our knowledge management team, the tool is a computer program that simulates human conversation using natural language and shares information in an interactive and accessible manner, thereby better preparing brand owners for some of these key changes.
About Norton Rose Fulbright Canada LLP
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