The Canadian government has confirmed that long-awaited updates and amendments to Canadian trademark law will go into effect as of June 17, 2019. Notably, as of that date Canada will join the Madrid Protocol, permitting extensions of International Registrations into Canada, and the Nice Agreement, extending the international classification system to Canada. The update to Canada’s trademark laws includes a few other key changes including:
- Declarations of Use will no longer be required prior to registration for new trademark applications, or for any applications pending as of June 17, 2019;
- Trademark applicants after June 17, 2019, will no longer be required to state a basis for a Canadian trademark application (i.e. intent to use in Canada or existing use in Canada); and
- Registrations that issue after June 17, 2019, and all renewals due after June 17, 2019, will be registered and/or renewed for a 10 year term, as opposed to the current 15 year term.
Leydig is prepared to implement these changes. Clients with further questions should contact a Leydig attorney for further information.