Feb 27 2017

As discussed previously, significant changes are coming to Canada’s trademark legislation, including an overhaul of use requirements and the adoption of the Madrid System (for further details, please click here). Class based fees will also replace the current flat-fee structure (for further details, please click here).

Although these changes were passed into law in 2014, the exact date on which the amendments will come into force has not been set. Previous estimates from the Canadian Intellectual Property Office suggested the new legislation would be in effect by mid-2018. New estimates have pushed this back to early 2019. No formal date has yet been announced and so this latest estimate is not final.

The delay in implementing the amendments has a number of causes, including the need to re-write regulations in preparation for adoption of the Nice Classification and the Madrid System. A further round of trademark amendments are also pending in the Canadian Parliament to implement aspects of the Canada-EU free trade agreement (for further details, please click here), which has added to the delay.

We will continue to monitor the situation as matters develop. In the meantime, if you have any questions as to how the new legislation will impact your trademark portfolio, please do not hesitate to contact us.

Author: Andrew Montague (former associate)

For more information, contact one of our professionals.

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Tags: Changes to Canadian Trademark Law, Nice Classification System, Trademarks