Trademarks - the big day has finally arrived!

Nearly five years to the day since they were given royal assent, sweeping changes to the Trademarks Act took effect today, with Canada’s accession to the Singapore Treaty, Madrid Protocol and Nice Agreement.

Most notably, with the coming into force of the legislative amendments to the Trademarks Act, it will now be possible for Canadian applicants to access the international filing system under the terms of the Madrid Protocol, providing the possibility of obtaining trademark protection in over 100 countries by filing a single application with the World Intellectual Property Organization (WIPO). Conversely, it will also be possible for eligible applicants in other member countries that are party to the Madrid Protocol to extend the protection of their international registrations to include Canada.

Other notable changes that take effect today include mandatory classification of goods and services in accordance with the Nice Agreement, per class filing and renewal fees, a 10-year term of registration and renewal, an expanded scope of subject matter eligible for registration as a trademark (e.g., scent and taste marks), and new examination criteria which will include consideration of the inherent distinctiveness of the mark.

For more information on these changes and how they may affect your business, please contact one of the trademark professionals at Cassan Maclean IP Agency Inc.