On March 28, 2014, the Canadian government proposed substantial amendments to its Trade-marks Act. The intention of these amendments is to bring Canadian trade-mark laws in-line with international trade-mark requirements.
The first proposed change is with terminology. “Trade-mark” will become “trademark” and the term “wares” will be replaced with “goods”. These changes will ensure more consistency with international trademark agreements.
The second proposed change is related to the description of goods and services. Canada will adopt the Nice Classification system, which divides goods and services into classes. This will make applications more consistent but at the same time it could be potentially expensive if application fees are charged on a per-class basis.
The third proposed change is related to filing a trade-mark application. Applicants will no longer need to indicate if they are making an application for use and registration of a trade-mark outside of Canada or for the use or proposed use of a trade-mark. This also means that applicants will no longer need to file a declaration of use before registration.
In order to comply with international trademark agreements, the renewal term will also be reduced from 15 years to 10 years.
These are just a few of the changes to the Trade-marks Act. It is still early in the process to know the full effects of these changes; however, it is clear that many fundamental trade-mark practices will change.
If you have any questions about the proposed changes, please do not hesitate to Contact Us.
The preceding content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.