Amendments to the Canadian Trade-marks Regulations
(Regulations) have been drafted to establish procedures for
implementing recent amendments to the Canadian Trade-marks
Act (Act), introduced in 2014 in accordance with Bill
C-31 — Economic Action Plan 2014 Act, No. 1 and are
intended to facilitate Canada's adherence to three
international trade-mark treaties - the Madrid Protocol, the Singapore Treaty and the Nice Agreement.
The amendments are also intended to simplify certain requirements,
reduce administrative burden for users, clarify communication
procedures, and codify existing practices currently governed by
Practice Notices.
As a next step in implementation, the Trademarks Branch of the
Canadian Intellectual Property Office (CIPO) published the proposed
Regulations in the Canada Gazette, Part I on February
10, 2018.
The Canada Gazette is the official newspaper of the
Government of Canada and is made up of three parts.
Part I of the Canada Gazette contains public notices,
official appointments and proposed regulations from the Government
of Canada.
Since the last public consultation on the proposed
Regulations in June 2017, there have been only minor
amendments to the proposed Regulations, primarily aimed at
clarifying the language. For a more in depth discussion of the
changes, please read our
article discussing them here.
Now that the proposed Regulations have been published in
the Gazette, all interested groups have the opportunity to
submit comments by contacting the Trademarks Branch of the Canadian
Intellectual Property Office: http://www.gazette.gc.ca/consult/consult-eng.html
The period for consultation is 30 days (ending on March 12, 2018)
and, once the period for consultation is complete, the
Regulations will be amended as necessary before being
enacted and published in the Canada Gazette, Part II,
which the Trademarks Branch is anticipating in the fall of
2018.
To support and enact the new Regulations, the Trademarks
Branch will also publish a new Examination Manual along with new
Practice Notices and other guidance documents, which are expected
to be prepared in consultation with the profession over the next
year. CIPO also plans to conduct training and education awareness
activities to help facilitate the implementation of the new
Regulations.
After the Regulations have been brought into force and the
Examination Manual and Practice Notices are in place, CIPO will be
in a position to implement the amended Trade-marks Act,
which remains on track to come into force in early 2019.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.