Some of the key changes and the impact on trademark owners include:
- Use of a mark will no longer be required to attain registration. Filing bases will also be eliminated. As details with respect to use of a mark will no longer be available on the official record this will give rise to more opposition proceeding and use investigations.
- Canada will adopt the international classification of goods and services. Official filing fees are anticipated to be $330 CAD for the first class and $100 CAD per each additional class.
- International applications will be possible.
- The registration period will be reduced from 15 years to a 10 year term.
- Under the new Act it will be possible to divide out an application. This will be useful in overcoming examination refusals and oppositions.
- The official renewal fee for a trademark registration will be $400 CAD for the first class plus $125 CAD for each additional class.
- Letters of Protest (third party correspondence) will be permitted during prosecution. In cases where it is determined by a third party that evidence is relevant to support refusal of an application it will be possible to bring it to the Examiner’s Attention.