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Jan 25, 2017 (Newsletter Issue 2/17)
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CIPO To Start Inviting Classifications of Goods and Services In TM Applications

The Canadian Intellectual Property Office (CIPO) has been permitting applicants to voluntarily classify their goods and services in recently filed and pending applications. In addition, CIPO announced that it will shortly start inviting owners of existing trademark registrations to classify the goods and services contained in their registrations according to the Nice Classification System. Courtesy notices to this effect are expected to be delivered as early as this month to trademark owners whose registrations are due for renewal on or after January 1, 2018. Where the registration lists a representative for service, the notice will be sent to the listed representative. Where no representative is listed, the notice will be sent directly to the owner.

Owners of registered trademarks are not obliged to respond to these courtesy notices at this time and there is presently no requirement in Canada that goods and services be categorized according to the Nice Classification. However, once classification does become obligatory, goods and services in existing registrations will have to be classified before the registrations can be renewed and goods and services in new or pending applications will require classification before the applications can proceed to registration.

Source: Gowling WLG, Canada