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Amendments to Trademark Laws

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Nov 30, 2018 (Newsletter Issue 20/18)
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New Trademark Regime Coming Soon

On November 14, 2018, the new Trademark Regulations were published in the Canada Gazette Part II, revealing that Canada's new trademark regime is set to be in force on June 17, 2019.

These amendments impact all aspects of trademark selection, filing procedures, oppositions, registration and enforcement. Some of the important changes are below:
- Expansion of non-traditional marks
- Declarations of use no longer be required at the time of application
- Goods and services must be classified according to the Nice Agreement
- Introduction of a class-based fee structure
- Priority claims can be asserted from any prior application
- Ability to divide applications and registrations
- Reduction of term of protection from 15 years to 10 years
- Accession to the Madrid Protocol
- The new distinctiveness examination criteria will apply to all pending applications

The Trademarks Regulations: SOR/2018-227 can be accessed here