Trademark Law Amendments (Canada)

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.