Countries, no matter
whether to strengthen the existing trademark protection or to include
additional rules, often bring changes in their trademark laws. Almost all of us
know how crucial role the trademark law plays in the protection of Intellectual Property (IP) assets. By providing relevant and robust
trademark rights, it helps the owners in not just preventing unauthorized users
from using their unique creation but also creating goodwill among customers.
However, to obtain expected results, it is crucial to stay up-to-date with the
reforms made in such laws and their corresponding rights. Here, in this
article, you’ll be going to get updated with the recent changes in the Trademark Law of Canada.
1.
Availability
of Madrid Applications
Canadian applicants
from now would be able to file the Trademark Applications in over eighty (80) countries worldwide just
through a single international filing. With this new opportunity, it will be
easy for Canadian applicants to manage their international trademark portfolios.
Similarly,
applicants from the Madrid Protocol nations will be able to designate Canada in
not just their International Trademark Applications but also existing Madrid
registrations. Moreover, the incoming protocol applications would charge similar
to the national applications – as per the Canadian Intellectual Property Office
(CIPO).
2.
Increase in
Filing and Renewal Fees
Filing Fees
Previously, CIPO
tends to charge a fee of $250 for filing a trademark application encompassing
any number of classes of products and services, along with $200 as the
trademark registration fee. Nevertheless, to apply for a trademark after June
17, the applicant has to pay the filing fee of 330 CAD for the first class of
products or services, along with 100 CAD for each additional class of products
or services. For all these applications, the trademark registration fee is
eliminated.
Renewal Fees
The renewal fee has
been increased to 400 CAD from 350 CAD for the first class of products and
services with an additional 125 CAD charges for each new class of products and
services.
3.
Declarations
of Use Is No Longer Required
After 17th June,
Declarations of Use is no longer required for Trademark Registration in Canada. Note that this change applies to not just
applications filed after June 17 but also applications pending as of this date.
It means that all the applications filed before June 17, 2019, can proceed to
trademark registration in Canada (once the opposition period expires) simply
with payment of registration fee, without filing the Declaration of Use.
4.
Information
Regarding Use Is No Longer Needed
Applicants filed the
trademark applications on or after 17th June need not indicate
whether he/she has previously used the trademark in Canada or abroad. In other
words, the applications filed on or after this date are applicable to get
approved even if they do not tell whether the concerned applicant has
registered and used the Trademark in Canada or foreign countries.
5.
Nice
Classification Appears Mandatory
As per June 17th amendments,
all the new applications must be filed with Nice classifications. Moreover, the
pending applications that have not yet advertised for objection/opposition
purposes must be classified. Note that for unclassified registrations, the CIPO
will request the Nice classification upon renewal.
Although this requirement
of the Nice classification is expected to bring Canada more in line with the
international norms, it does not mean that CIPO will become lenient in its
practice of reviewing goods and services descriptions. All the goods and
services must still be adequately specified under stringent standards set by
CIPO.
Are You Getting
Ready for Trademark Registration under Amended Law?
In the days after
the reforms came into force, you as an owner, who’s looking for trademark
registration in Canada should emphasize taking immediate steps, based on
appropriate and up-to-date information. It will help you in saving costs in
processes like filing multi-class applications, renewing multi-class
registrations, etc. Besides, you must also think about streamlining your
portfolio management. You should focus on using the Madrid international filing
system and filing applications for non-traditional and international
trademarks. For more visit: https://www.trademarkmaldives.com
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