07 June 2019

Changes to Canadian Trade Mark Laws

On 17th June Canada will be changing some of its trade mark legislation. On this day Canada will join the Madrid Protocol which is good news for those in possession of an International trade mark registration who need trade mark protection in Canada. Any holder will be able to subsequently designate Canada thus potentially gaining protection for their trade mark at a cheaper rate than a national application.

Canada will also be adopting a multi-class trade mark system and doing away with the Declaration of Use requirement for applications based on intention to use. This means that there will no longer be a requirement to use a trade mark in Canada to get it registered and keep it active. A consequence of this is that trolls are applying to register other people’s brands as they will no longer have to prove use of the mark to obtain protection. If you require trade mark protection in Canada it would be advisable to do so as soon as possible in order to avoid someone else trying to register your brand there first.

If you have already registered your brand in Canada or enjoy extensive use there, it is particularly important to stay vigilant as to what is being filed in Canada through a watching service. We offer a watching service in Canada for as little as £50 plus VAT per year. If this is something you require just get in touch and we will help you obtain that peace of mind.

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