Proposed Trademark Regulations Published for Consultation in Canada Gazette

On February 12, 2018, the Government of Canada published proposed Trademark Regulations (the Proposed Regulations) for consultation.  The Proposed Regulations implement legislative amendments to the Trademarks Act passed in 2014 and 2015, which are not yet in force, and largely deal with compliance with the requirements of the Madrid Protocol, Singapore Treaty and Nice Agreement.  The 30-day consultation period for the Proposed Regulations will end on March 12, 2018.   

The Proposed Regulations include significant changes to Canadian trademark practice. The changes introduce a per-class application and renewal fee structure, reduce the term of registration from 15 to 10 years, and eliminate the requirement to provide a filing basis for an application.  Further changes include provisions for dividing and merging trademark applications, changes to the timing for certain steps in opposition proceedings, and implementing the Madrid Protocol.

Only minor amendments to the Proposed Regulations for clarity have been made since the last public consultations held by the Canadian Intellectual Property Office in June 2017. 

Final Trademark Regulations are anticipated to be published and enacted in fall 2018.  Implementation of the amendments to the Trademark Act is on track for early 2019.

Summary by Lauren Lodenquai