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ARTICLE · 02 JUNE 2014

Big Changes May Be Coming To The Trade-marks Act Under Bill C-31

I recently had the pleasure of presenting a summary of pending changes to Canada’s Trade-marks Act under the enormous omnibus bill C-31.

CanadaIntellectual Property

I recently had the pleasure of presenting a summary of pending changes to Canada's Trade-marks Act under the enormous omnibus bill C-31, part of the federal government's "economic action plan".

The government's own summary to the Bill describes it as implementing the Singapore Treaty, the Madrid Protocol, simplifying filing requirements, eliminating the need for a declaration of use, reducing the term of registration to 10 years, and adopting Nice Classification.

Here are the key points I covered:

   1.  Hyphen slashed!   Trade-mark becomes "trademark".

   2.  Wares replaced with goods.

    3.  Signs:  Trademark definition expanded with reference to "signs", to permit registration of broader array of marks including [open ended]: word, a personal name, a design, a letter, a numeral, a colour, a figurative element, a three-dimensional shape, a hologram, a moving image, a mode of packaging goods, a sound, a scent, a taste, a texture and the positioning

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