Long-awaited and much discussed amendments to Canada’s
Trademarks Act will come into effect on June 17, 2019 (the
“coming into force date”, or “CIF”). In
order to avoid surprises, here’s what you need to know about
existing applications, new applications filed as of the CIF,
renewals, oppositions and registrations. In addition, as discussed
below, the Canadian Intellectual Property Office
(“CIPO”) will be temporarily deactivating all online
services for several days prior to June 17 – making it
important to plan in advance for processing of any steps that
should be completed before the CIF.
Applications filed before June 17:
- Any application that had not been
approved as of April 18 will be reassessed after the CIF. At
that time, Examiners in the Trademarks Branch of CIPO may reexamine
applications for compliance under the amended Act, including with
classification of goods and services and new distinctiveness
examination criteria.
