Coming Soon: Key 2019 Canadian Trademark Change Drops Proof of Use Requirement
Amendments to Canada’s Trademarks Act will come into effect on June 17, 2019 (the “coming into force date”, or “CIF”). Also the Canadian Intellectual Property Office (“CIPO”) will be temporarily deactivating all online services for several days prior to June 17 – so plan in advance for electronic processing before the CIF (or be prepared to make paper filings, where possible).
The changes are aimed at bringing Canadian practice more in line with most of the world. A significant change is that registration/ issue fees will no longer apply, with all fees payable on filing. Also, notably, no claimed pre-filing use dates or attestation to pre-registration use will be required to secure registration. Filings for a further range of non-traditional marks will also be possible, including taste, scent and texture. New opposition grounds will apply after the CIF including bad faith filing, which appears aimed at curtailing trademark squatting resulting from no “use” requirement.
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