10 Major Changes of New Canada Trademark Law From June 2019Paul - AAA IPRIGHT
The Canadian Government has published the Trademark Regulations in the Official Gazette. New Canada Trademark Law shall be effective from June 17, 2019. The article shall highlight 10 major changes of new Canada Trademark Law.
- International trademark filing and Madrid protocol. Canada shall join the Madrid protocol which shall allow foreign trademark applicants to extend their application to Canadian trademark system. Simultaneously, Canadian trademark applicants could extend the local trademark application to other countries through Madrid protocol.
- No requirement to use of trademark. Under the present law, Canadian trademark applicant is required to declare the dates of the first use of trademark in Canada while filing new trademark in Canada. However, under the new Canadian trademark law, declaration of use shall be no longer required. It shall make trademark applicants simpler in filing trademark in Canada.
- A Canadian trademark with a distinctive shape with different products shall be easier to register in Canada.
- Application of Nice Classification of Goods and Services. Canada will be applying the Nice Classification of Goods and Services in all products and services are sorted into 45 classes ‐ 34 product classes and 11 services classes.
- Official Canada trademark fee paid to Government shall be counted based on number of classes. This is different from the current calculation of official fee today when you make a single payment of CAD 250, regardless of the number of products and/or services in your trademark application.
- Division of trademark application. The division of trademark in Canada shall be accepted which shall allow trademark applicants to separate the accepted part into a new application while keeping the problematic part in another application.
- New terms of trademark renewal. It will decrease from the current trademark period of 15 years to 10 years.
- Changes cancellation proceedings. No requirement to declaration of trademark use shall make easier for trademark applicant to register products which they never use. Therefore, it is likely that the process of cancelation based on non-use shall be more challengeable.
- Examination of distinctiveness of trademark in Canada. This shall make non-traditional trademark registration be more challengeable.
- Documents to trademark assignment. Applicant shall be no longer required to submit documents for this assignment or merger unless the Trademarks Office asks for it.
Therefore, it is highly recommended that enterprises should register trademark in Canada as soon as possible, prior to the June 2019 to save your budget.
– You can also check the Fee of Trademark In Canada here
– You could visit here to see Procedure of Canada Trademark Registration.
– You could visit here to check the required documents of filing trademark in Canada
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