Changes to Canada's Trademarks Act Come into Effect on June 17, 2019

As of June 17, 2019, a number of changes to the Trademarks Act will come into effect that could have a significant impact on businesses across Canada.
Categories: Business Insights
May 23rd, 2019 | By: CapriCMW

As of June 17, 2019, a number of changes to the Trademarks Act will come into effect that could significantly affect businesses across Canada.

It is important that anybody filing new trademarks, or renewing existing ones, in the near future be aware of the potential impact and implications of these coming changes: 

  • The Act will allow trademarks to be registered prior to their use and will not require a date of use to be included with the application. With this amendment comes the risk of trademark "squatting," where applicants register trademarks with no intention for use.
  • Trademark applicants will be required to classify goods and services according to the Nice Classification System. Currently, classification is voluntary. 
  • The new Act will permit new types of trademarks to be registered, such as scents, tastes, textures, holograms,  and moving images. 
  • Canada will be joining the Madrid Protocol, which will allow applicants to file trademarks through one application with a single fee for multiple jurisdictions, saving businesses from filing in each country.
  • Under the new Act, the term of trademark protection and renewals will be reduced from 15 years to 10 years. The 15-year term will still apply to any trademarks renewed before June 17, 2019.
  • The basic application fee will increase from $200 to $330, with an additional $100 fee per class of goods and services. Currently, there is a flat $250 registration fee regardless of the number of classes.
  • The trademark renewal fee ill increase from $350 to $400 for the first class, with an additional $125 fee per additional class. Currently, there is no additional fees for more classes. 

It is recommended to file or renew trademarks before the enforcement date of these changes. In addition to saving on fees, busineses can take advantage of the longer protection term and avoid the issue of trademark squatting.

For more details about the new Trademarks Act, see "Amendments to the Trade-marks Act Will Come into Force on June 17, 2019 – Are You and Your Business Ready?" by Christopher Heer, Toba Cooper and Daryna Kutsyna of Heer Law.

Contact a CapriCMW Risk Advisor for information and resources on business insurance and risk management. 

Recent Blog Posts

Personal Insurance / Real Estate, rental housing, affordable housing
BC Government Introduces Rental Protection Fund

The BC government has introduced a new $500 million fund to support non-profit housing organizations…

Jan 13th, 2023 | By: CapriCMW
Employee Benefits / group benefits, long term disability, employment insurance, short term disability
Impact of Recent EI Changes on Employers and Employees

As of December 18, 2022, the federal government has extended the length of time that individuals can…

Jan 6th, 2023 | By: CapriCMW
Personal Insurance / travel insurance
Five Tips to Keep You Safe During Your Holiday Travels

If you're going to be away this holiday season, there are some important steps for you to take…

Dec 16th, 2022 | By: CapriCMW
Search the Blog

Confidence and Freedom

At CapriCMW, we provide personalized insurance and custom risk solutions to give you the confidence and freedom to focus on what matters to you. Talk to an Advisor or get a quote today.

Get a Quote    Or call 1-800-670-1877

Can’t find what you are looking for? Ask us!