Significant amendments to the Trade-marks Act were
passed in 2014 and will come into force on 17 June 2019. These
amendments aim to modernize Canadian trademark laws and practice,
as Canada moves to accede to major international IP treaties,
including the Singapore Treaty, the Madrid
Protocol, and the Nice Agreement. These amendments
will affect how Canadian trademark applications are filed,
examined, registered and maintained. Some highlights are discussed
below.
"Use" Requirement for Registration Eliminated
Currently, a trademark application may be filed on the basis of
actual use, proposed use in Canada, and/or foreign registration and
use abroad. A trademark application based on proposed use will not
mature into a registration until the mark is used in Canada and a
Declaration of Use is filed.
