Canada Prepares to Implement Its New Trademark Regime

As part of a push to fully modernize Canada’s intellectual property (IP) system, three key IP treaties will enter into force in the country on June 17: the Singapore Treaty on the Law of Trademarks (the Singapore Treaty); the Madrid Protocol; and the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (the Nice Agreement).

"Making the Canadian trademark system more robust and modern was guided by a commitment to simplify and harmonize."

Canada’s government agreed to accede to these treaties in February 2014, and changes to the country’s Trade-marks Act that are necessary to facilitate that accession received royal assent on June 19, 2014. Additional amendments to the Patent Act, Trade-marks Act, and Industrial Design Act that will further modernize the IP system received royal assent on June 23, 2015 and will also take effect on the 17th.

The goal of these changes is to provide businesses, especially Canadian businesses, with access to the global trademark system and to reduce bureaucracy and administrative burden, says Mesmin Pierre, Director General of the Trademarks Branch at the Canadian Intellectual Property Office (CIPO).

“Making the Canadian trademark system more robust and modern was guided by a commitment to simplify and harmonize and to ensure that the Register of Trademarks accurately reflects the Canadian marketplace,” Mr. Pierre says.

CIPO worked hard to ensure that old requirements that unnecessarily delayed applications were struck down and notable amendments include: