Canada: Top 10 changes in new Trademark Law by which Canada adheres to Madrid Protocol

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After five years of high expectations, radical amendments to Canadian trademark law finally became effective 17 June 2019. The following are the main changes to the law:

1. Applications under the Madrid Protocol will be available in 80 countries.
2. Increase in filing and renewal fees.
3. Declarations of use will no longer be necessary to ensure the registration of a trademark.
4. A declaration of use will no longer be required when submitting registration requests.
5. Nice classification will become mandatory for the submission of an application.
6. The terms of registration and renewal will be shortened; 15 down to 10 years.
7. “Non-traditional” brands such as odor marks, flavor marks and color marks may be registered.
8. The division of the initial application may be requested in two or more fractional applications.
9. Third-party oppositions may be filed when there is a risk of confusion and when a descriptive trademark is filed.
10. Requesting a cancellation action for non-use against a part of goods or services listed in a trademark registration may be possible.