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ARTICLE · 03 JULY 2019

An Overview Concerning Canadian Trademark Reform

From 1953 until 2013, Canada's Trademarks Act remained largely unchanged (besides the welcome repeal of the old "registered user" system).

CanadaIntellectual Property

From 1953 until 2013, Canada's Trademarks Act remained largely unchanged (besides the welcome repeal of the old "registered user" system). However, starting in 2013, and continuing up to just weeks ago, successive Canadian governments have introduced sweeping amendments to the trademark regime. Some changes reflect the government's interest in international harmonization of laws and membership in key trademark treaties, while others can be traced to trade negotiations, including with both Europe and the United States.

Many of the amendments were implemented on June 17 and ushered in new legislation, regulations, fees, practices, forms, online interfaces, search capabilities and an international filing system, namely the Madrid Protocol. In short, we are witnessing a brand-new approach to acquisition and registration of trademark rights in Canada and abroad.

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