As of September 28, 2015, it is possible to file trademark applications in Canada with goods and services voluntarily grouped and classed according to the Nice Classification.
The provision of Nice classes remains voluntary for now, since the proposed legislative changes relating to the classification of goods and services according to the Nice Agreement contained in Bill C-31 are not yet in force.
According to the CIPO's Practice Notice, in case where the Registrar of Trademarks does not agree with the applicant's classification and where the trademark has not yet been advertised pursuant to section 37 of the Trademarks Act, the Registrar will advertise the application in the Journal without the Nice Classification, provided that all other requirements are fulfilled.
It is also important to note for now that the Trademarks Office will not grant extensions of time to allow the applicant to amend the application to include Nice classes.
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