Ten Things Brand Owners Should Know Before Using The Madrid Protocol To Obtain Rights In Canada

As of June 17, 2019, Canada will formally become a member of the Protocol relating to the Madrid Agreement Concerning International Registration of Marks ("Madrid Protocol"), along with the Singapore Treaty on the law of Trademarks and the Nice Agreement Concerning International Classification of Goods and Services for the Purposes of the Registration of Marks.  On the same day, major amendments to Canada's Trademarks Act will be implemented that impact filing, examination and opposition procedure for all brand owners. 

While new access to the Madrid Protocol system in Canada may offer cost savings and efficiencies to international trademark owners, Canada's registration system has, and will continue to have, many unique features that should be considered, whether filing a domestic Canadian application or extending rights to Canada under the Madrid Protocol. To navigate these unique features, some of the most important of which are listed below, it is advisable to