Click HERE to view an annotated copy of the Trade-marks Act showing the amendments (with changes tracked to show them clearly) made by the two most recent budget implementation bills affecting trademarks.
Two omnibus budget implementation bills (Bill C-31 in 2014 and Bill C-86 in 2018) will result in substantial changes to Canada’s trademarks regime. The changes include:
(1) the removal of different filing bases;
(2) the elimination of declarations of use;
(3) the reduction in the term of a registration from 15 years to 10 years;
(4) the new ability to divide applications;
(5) the introduction of the Nice Classification with class-based filing fees; and
(6) a new bad faith ground of opposition and invalidation.
Several amendments set out in Bills C-31 and C-86 are already in force, the majority of the amendments are set to come into force on June 17, 2019, and a handful of amendments will come into force on a date that has yet to be determined.
For more information regarding the trademarks law reform in Canada, contact one of SMITHS IP’s trademarks agents.