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ARTICLE · 16 NOVEMBER 2018

Canadian Trademark Law - Special Update

Goodmans LLP
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The Government of Canada announced that amendments to Canada's trademark laws, including adherence to the Madrid Protocol, will come into force on June 17, 2019.

CanadaIntellectual Property
Amalia Berg
Amalia Berg
Ronnie Hoffer
Ronnie Hoffer
Richard Naiberg
Richard Naiberg
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The Government of Canada announced that amendments to Canada's trademark laws, including adherence to the Madrid Protocol, will come into force on June 17, 2019. New Trademark Regulations were also published.

In anticipation of the new laws, it would be prudent to consider or implement the following:

  • Protect Brands by Filing Early. The new legislation removes the requirement that marks be used before registration. This is expected to increase incidents of trademark "trolling". Filing early decreases this risk.
     
  • File Applications for New Marks. The adoption of Nice Classification of goods and services will bring per-class fees resulting in higher filing costs. Therefore, consider filing new applications in Canada as soon as possible for new marks to save on government fees and secure rights against third parties. For now, multi-class applications are still available for a single government fee.

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The content of this article does not constitute legal advice and should not be relied on in that way. Specific advice should be sought about your specific circumstances.

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