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4 Things to Know about the Upcoming Amendments to the Trademarks Act

Trademarks is a topic that often comes up during my legal consultations. There are many myths regarding trademarks and a lot of misunderstanding when it comes to their utility. Regardless, trademarks are a very important intellectual property asset you should not be taking for granted, especially if you put a lot of time and money into your branding.

Because they’re so important, I couldn’t possibly avoid talking about the upcoming amendments to the Trademarks Act. Those amendments will come into effect on June 17, 2019 and will impact various aspects of the registration process. I therefore thought it would be useful to summarize some of the most important modifications to the Act.

Of course, please take this as legal information and not legal advice. If you have any questions regarding trademarks, send me an email at info@artylaw.ca.

 

#1 Filing will become more expensive

Yes, unfortunately, starting June 17, 2019, filing your trademarks will be more expensive. Right now, filing fees are 250$, regardless of how many classes you decide to file for. The amendments will bring those fees up to 330$ for the first class of goods/services and 100$ per additional class. If you’ve been thinking about registration for a while now, it might be a good time for you to file for registration before June 17, 2019.

 

#2 Renewal times will get shorter

Registered trademarks are currently protected for 15 years after which the registration can be renewed. The amendments will bring that time period down to 10 years. Renewal fees will also be going up. Right now, renewal fees are 350$ (when filed electronically). The amendments will be bringing those fees up to 400$ for the first class of goods/services and 125$ for additional classes.

 

#3 New types of trademarks can now be registered

Although difficult to get registered, starting June 17, 2019, you will be able to register non-traditional marks. This may include colors, tastes, textures, scents, and more. If you’ve been working on a distinctive element in your business that you couldn’t protect before, those amendments are your chance to do so!

 

#4 Protecting your trademarks all over the world will become easier

The Madrid Protocol allows entities to get their trademarks registered all over the world through a single application and a one-time fee. Canada’s absence from the Madrid Protocol has made it very complicated and expensive for businesses to protect their trademarks in foreign countries. Starting June 17, 2019, Canada will be adhering to the Madrid Protocol, therefore allowing companies to expand their portfolio worldwide in a more efficient (and cost-effective) way.

 

There are many other amendments to the Trademarks Act, so please do not hesitate to reach out if you have any questions, if you need assistance with trademarks registration or legal advice regarding your trademarks by sending me an email at info@artylaw.ca. You can also click the link below to learn more about our services!

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