Barristers and Solicitors
Patent and Trademark Agents

Amendments to Trademark & Patent Act Delayed

After repeated assurances from the federal government that recent amendments to the Trademarks Act and the Patent Act would be implemented by late 2015 or early 2016, it now appears that these amendments may not be implemented before 2017.

The Canadian Intellectual Property Office (CIPO) has announced that proposed amendments to the regulations under the Trademarks Act and the Patent Act are now expected to be made available for comment in late 2016. These new regulations must be enacted before the legislative amendments can come into force.

Unfortunately, this move creates a great deal of uncertainty for clients in planning their strategy for filing new trademark and patent applications in the foreseeable future, especially with respect to trademarks where the substantive law is to be changed in several respects.