Barristers and Solicitors
Patent and Trademark Agents

Trademark Amendments Coming Into Force Late 2015/Early 2016

In recent consultations with the profession, the Canadian Intellectual Property Office has advised that it now expects to fully implement ALL the recent amendments to the Canadian Trade-marks Act at the same time, likely in late 2015 or early 2016.

It had been previously speculated that CIPO may introduce the amendments related to the Singapore Treaty, including classification of goods and services, as early as this autum. It was always expected that international filings under the Madrid treaty would not be available until late 2015 at the earliest.

With respect to the classification of goods and services, CIPO did indicate that it would likely accept applications in which the applicant voluntary assigned the goods and services to appropriate classes before this requirement is implemented. This is because the requirement to classify will apply to all pending applications, including applications that had been previously approved, when the legislation comes into force.

Pointer: By classifying their goods and services early, applicants may avoid the expense of responding to new objections to their pending applications when the legislation comes into force.