The Canadian Intellectual Property Office has released transitional provisions for applications at the various stages of the registration process when the new Act comes into force.  Some of these include: 

  • Applications that have not been advertised will be re-examined for determination of inherent distinctiveness.   If an application has been found to be not inherently distinctive, an applicant will be given the opportunity to file evidence that the mark was distinctive at time of filing the application.
  • Declarations of Use will no longer be required as all the filing bases will be eliminated from the new Act.
  • If your application has been advertised it will proceed to registration by simply submitting the $200 CAD registration fee.
  • If your application is allowed, similarly to applications that have been advertised, registration can be completed by submitting the registration fee.
  • The registration term will be determined by the date on which the registration fee is processed by the Trademarks Office.  If the registration fee is processed on or after the date the new Act comes into force the registration term will be 10 years.