Major amendments were implemented to Canada’s
Trademarks Act on June 17, 2019 that impact
everything from filing and oppositions to registration terms and
renewal procedures. As part of these changes, Canada has formally
joined the Madrid Protocol, and has made Nice Classification
mandatory. The full impact of some of the changes is just now being
felt, and others may not be fully known for years to come, but
brand owners and their advisors should be aware of the
following:
GOVERNMENT FEES ARE CALCULATED AT THE FILING AND RENEWAL
DATES
Nice Classification is now mandatory for all new applications,
applications filed prior to the amendments but not yet advertised,
and on renewal. In addition, goods and services must be grouped by
class, and then the classes displayed in numerical order. While
CIPO has been informally classifying goods and services for several
years, classification must be formally done by or on behalf of the
applicant or registrant.
