The most recent estimate for implementation of the amendments to
the Trademarks Act (also known as the coming into force,
or CIF date) is early 2019. Draft Regulations have been published,
providing more information on how many of the new provisions will
be implemented. The changes will bring opportunities for Canadian
and international trademark owners and it is not too early to plan
for them. The following reviews the current, and proposed changes
to, rules on filing, renewal, opposition and cancellation
proceedings, highlights some transition issues and offers tips for
trademark strategy now and following the implementation of the
amendments.
1. Trademark Filing
- Trademarks: Now, accepted marks include
words, designs, distinguishing guises (shapes of goods/packages)
and sounds. Letters and numbers are also registrable. Colour alone
is not registrable. As of the CIF date, acceptable marks will also
include signs such as colour, moving images, modes of