Significant Changes to the Canadian Trademark Process Effective as of June 17, 2019
Government fee increases, possibility of international applications, and expansion of the types of trademarks capable of registration are some of the highlights.
As of June 17, 2019, there have been several significant changes to the Canadian trademark application process. These changes have brought Canadian trademark laws into conformity with three international treaties, the Madrid Protocol, the Nice Agreement and the Singapore Treaty.
Although there are more, some of the most significant changes are the following:
(1) an increase in government filing and renewal fees, but the removal of government registration fees;
(2) mandatory classification of the description of goods and services according to the Nice Classification system;
(3) the elimination of the use requirement prior to registration;
(4) a shortened registration period of 10 years; and
(5) the expansion of the registration process to non-traditional marks, such as colour, taste, scent, texture, holograms, moving images, 3D shapes and modes of packaging,