Canada’s Trademark Law Soon to be Changed – Including Harmonization with International Treaties

By Scott Miller, March ^31st, 2014

On March 28, 2014, the Federal Government of Canada tabled a new Bill, C-31, which has long been anticipated by Trademark practitioners in Canada. It is expected that the trademark provisions of the Bill will ultimately become law in Canada. A summary of Bill C-31:

The type of registrable trademarks has been widened to include sound, scent, taste and texture which may require evidence of distinctiveness at the date of filing.
The renewal fee for registered trademarks will be shortened from 15 to 10 years.
The ability to seek expungement of trademarks on the basis of non-use during the last 3 years can now be instituted by the Trademark Office and not just by an interested third party.
Canada will implement International Treaties:
- Madrid Protocol - This treaty paves the way for greater flexibility to file in multiple jurisdictions.
- Singapore Treaty – Divisional applications will be allowed for (1) those goods/services which are contentious and holding up a potential registration or (2) applications on the basis of proposed use where particular goods/services have yet to be used.
- Nice Agreement - This agreement ensures that its signatories follow a harmonized system of classification of goods/services.