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          [日期:2019-06-15]   来源:五洲普华知识产权  作者: WPIP Elaine   阅读:1053次[字体: ]


          Canada's modernized trademarks legislative framework will come into force on June 17, 2019 and will enable Canada to accede to the Singapore Treaty, the Madrid Protocol, and the Nice Agreement.



          After joining the Singapore Treaty, the Madrid Protocol and the Nice Agreement, applicants will now have access to efficient means of protecting their trademarks in various jurisdictions around the world. A modernized trademark regime that is aligned with other jurisdictions will lower the cost and increase the ease of doing business in Canada to the benefit of both Canadian businesses and those looking to invest in Canadian markets.




          Changes to the Trademarks Act


          Notable amendments 


          ① the introduction of new types of trademarks;

          ② greater flexibility in correcting errors;

          ③ reduced evidentiary requirements in certain cases when transferring ownership;

          ④ the ability to divide applications and merge registrations;

          ⑤ the option to file evidence electronically in administrative proceedings;

          ⑥ the possibility to file international applications through the Madrid System.


          ① 引进新型商标;

          ② 纠错的灵活性更大;

          ③ 在转让所有权的某些情况下,减少了证据要求;

          ④ 允许分割申请和合并注册;

          ⑤ 在行政诉讼中可选择以电子方式提交证据;

          ⑥ 通过马德里体系提交国际申请。


          Characteristics of New Trademark Law



          One form, one transaction, one currency, one place


          Application and filing date requirements have been simplified and streamlined. There are also increased flexibilities for error correction and a broadened scope ofbusiness for trademark agents.



          Harmonized administrative procedures and formalities


          Similar and standardized trademark procedures in multiple countries lead to efficiencies, administrative savings and reduced compliance costs for businesses.



          Consistent goods and services classification system


          Goods and services are classified consistently across multiple countries facilitating global trademark searching.



          Modernizing Canada's domestic trademark 

          regime has key benefits for businesses



          Reduced Filing Cost


          Filing costs will be lower for approximately 50% of applicants.



          Lower Administrative Burden


          Application and filing date requirements have been simplified and streamlined. There arealso increased flexibilities for error correction and a broadened scope of business for trademark agents.



          Enhanced E-Services


          Improved e-filing interface for clients, including enhanced functionalities and new services.




          Canada's accession to the Singapore Treaty, the Madrid Protocol and the Nice Agreement requires significant changes to Canada's trademarks regime. The Trademarks Act was amended in 2014 and the new Trademarks Regulations are now finalized and have been published in the Canada Gazette, Part II. CIPO is also drafting new practice notices and information guides, revising the Trademarks Examination Manual and developing improved e-services for clients.



          CIPO is also working to improve our on-line services. Users can expect an improved e-filing interface with new functionalities. This will include the capability to submit images in colour, and allow for a greater number of file formats, including PDF, JPEG, TIFF, and GIF. In addition, users will have the ability to amend an application and submit a Madrid Protocol application using interactive e-services.

          CIPO还致力于改进在线服务。用户很快就可使用具有新功能的改进的电子归档界面。 新功能包括提交彩色图片,并允许更多的文件格式,包括PDF,JPEG,TIFF和GIF。 此外,用户还可以使用交互式电子服务修改申请和提交马德里申请。

          Madrid Protocol


          The Madrid Protocol offers businesses and innovators the possibility of obtaining trademark protection in a number of countries by filing one single international application in one language with the World Intellectual Property Organization (WIPO). One overall payment is made in one currency, simplifying the application process and providing financial savings for those seeking toobtain and maintain protection for their trademarks internationally.



          Thereare currently 103 members, covering 118 countries, representing more than 80% of world trade.



          Singapore Treaty


          The Singapore Treaty simplifies and standardizes many formalities and procedures relating to the administration of trademarks. It establishes a maximum set ofconditions that can be imposed on applicants, and makes procedures moreuser-friendly, more consistent internationally and less time-consuming forapplicants. It also covers new types of trademarks, such as holograms, colour perse, and scent.



          Thereare currently 47 countries parties to the treaty.



          Nice Agreement


          Arequirement for accession to the Singapore Treaty and the Madrid Protocol isthe use of the Nice Classification, governed by the Nice Agreement. The NiceAgreement is a classification system used to categorize goods or servicesaccording to 45 general classes for the purpose of registering a trademark. Thecategories are harmonized across all member countries, making it easier tosearch and compare different trademarks.




          All Official Notifications Related with New Canadian Trademark Law: 


          WPIP will continuously make efforts to provide you with more IP news.