Changes to Canadian Trademark Law Take Effect June 17, 2019

For the first time in half a century, significant changes to Canadian Trademark Law will take effect on Monday, June 17, 2019.

Even after years of spirited deliberation and debate, so much about these amendments remains shrouded in mystery. What we do know for sure, however, has been both celebrated and despised by Canadian business owners and trademark professionals alike. 

Welcomed or not, some of the most substantial and relevant Canadian trademark amendments include:

• Canadian Intellectual Property (CIPO) applicants are required to register their goods and services according to the internationally recognized Nice Classification System as determined by the World Intellectual Property Organization (WIPO). 

• CIPO applicants must now pay government registration fees on a per-class basis, rather than the original government flat rate.
  
  This means that new online registrations will cost $330* for the first class, plus $100 for each additional class.

• Canadian trademark online renewal fees will also be calculated on a per class basis, ringing in at $400 for the initial class and $125 for each extra class. 
  
  

• Registered trademarks will now be protected for 10 years, rather than the previous 15.
  
  

• Trademarks will now cover a broader scope to include protections on distinguishing factors like scents, colours and even holograms.
  
  

• Examiners will crack down on trademark distinctiveness, objecting to any applicant on the grounds that it is non-distinctive.
  
  

• Canadian and foreign applicants can now apply for multiple global trademarks through the Madrid System using one comprehensive, albeit expensive, application. 

• CIPO applicants are no longer required to provide proof of first use prior to registration. 

Overall, trademark experts agree that these changes present a positive opportunity for the Canadian economy. 

Now that Canadian trademark law is more aligned with the international standards, the Canadian market will become much more appealing to global investors and businesses looking to scale into North America. 

Joining the Nice Treaty and the Madrid Protocol will yield a more seamless integration of trademarks between Europe, the United States and beyond — bridging the jurisdictional gap for innovative brand protection across all industries. 

*All prices in Canadian Dollars. 

For more information about the upcoming changes to Canadian Trademark Law and other breaking news, keep an eye on our trademark blog and industry news platforms or visit the official government website to read about the amended Trademarks Act in more detail. 

Disclaimer: This website is not intended to offer legal advice or to be a substitute for a consultation on a case-by-case basis with an attorney. The information provided above is meant for informational purposes only and may be subject to change. 

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