Since 2015, the canadian government has been preparing for his incorporation into the Madrid system of international trademark registration and for this purpose it has made decisions and developed internal legal tools to adapt to the international standards of the planet's trademark systems. He has signed three fundamental international treaties on trademarks: the Protocol Concerning Madrid Agreement regarding the International Trademark Registry, the Singapore Treaty on Trademark Law and Nice Arrangement regarding the International Classification of Products and Services.
On this premise, Canadians have enacted a new national trademark law whose entry into force is scheduled to occur on June 17, 2019.
The new law introduces very significant changes, which will undoubtedly significantly simplify the procedures for the protection of trademarks, in one of the jurisdictions that until now was very complex and that, in a certain way, will move away from the systems of the Common Law, to get closer to a more continental European legal perspective.
The most relevant change lies in the elimination of conditions on use or intention to use in trademark applications, and the repeal of the requirement to declare the use to access the registration of a trademark. In this way, it can be stated that Canada, in June of this year, will have a trademark system “first to file” and will abandon its traditional Anglo-Saxon court system “first to use”.
Some keys that will be part of the practical brand scenario starting June 17, 2019 in Canada:
- The international route will be an option for the internationalization of trademark rights.
- Trademark applications filed after June 17 They won't have to invoke base any that generate a dependency and will be registered without the need to previously declare the use.
- Instead, It will be mandatory to claim the products and services under the Nice Classification which will increase protection costs by introducing a class system.
- is significantly reduced the validity period of trademarks, as it goes from the current 15 years to 10 years in harmony with the majority of trademark laws and the Madrid Protocol.
- As of the entry into force of the new law, the next renewal of a trademark will have two fundamental consequences: Its duration will be 10 years and its list of products and services must be regularized according to the Nice Classification.
- Although the declaration of use will no longer be a requirement sine qua non For the registration of a trademark, accreditation of use may be required in the exercise and defense of rights, for example, within cancellation or opposition procedures.
It seems that the Canadian legislator has opted for a very practical transition during the change. He seems to have wanted to avoid a cumbersome coexistence of two systems - old and new - and transitional periods of difficult administrative management.
In addition, Canada joins the group of 120 member countries of the Madrid System for the international registration of trademarks. A very nice number for a long-awaited accession that will make it easier for Canadians to internationalize their foreign trademark rights and which we hope will also provide an incentive to explore our European markets.
Author Cristina Arroyo
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