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A New Day: Canada's New Trademarks Act is Now in Force

Today Canada adopts the Singapore Treaty, the Madrid System and the Nice Classification of goods and services, along with other changes, in a significant reform of the trademark legislation.

Key Changes 

  • Multi-national applications can now be filed through the World IP Office, or WIPO, using a procedure called the “Madrid System.” 

  • Non-Traditional Marks. Registration has been expanded to cover non-traditional marks, such as 3D marks, holograms, scents, tastes, textures, colours, and sounds.  

  • Registration procedures have been simplified; chief among these, and quite controversially, “declarations of use” have been eliminated.

  • Fees have increased depending on the number of categories of goods or services associated with a trademark application, which categories must be identified.  

  • The duration or term of a new trademark registration (or renewal) is 10 years. 

The Canadian IP Office offers has adopted many new practice notices and offers resources on the new trademark legislation including the transition rules. 

Contact us today with any questions about the new trademark rules or to file for a new trademark in Canada or elsewhere.