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Canada Seeks Input on Proposal to Modernise Trademarks Regulations

Canadian authorities are seeking input from interested parties by 11 March on proposed amendments to the Trademarks Regulations. The primary objective of these amendments is to accede to the Singapore Treaty, the Madrid Protocol and the Nice Agreement, thereby modernising Canada’s trademark regime and enabling the country to keep pace with leading international standards and benchmarks. The Madrid Protocol, for example, grants countries access to an international registration system administered by the World Intellectual Property Organisation that would allow Canadian businesses to apply for trademark protection in up to 100 jurisdictions through one application and one set of fees. Currently, Canadian businesses wishing to protect their trademarks in more than one country must file a separate application for each jurisdiction, which can require translating their application into multiple languages and paying fees in multiple currencies.

A second objective of these amendments is to modernise Canada’s trademark regime by updating, clarifying, codifying and improving aspects of the regulatory framework. The Canadian government believes these changes will better serve clients, lower costs and improve the ease of doing business.

The proposed regulatory amendments are aligned with the Canadian government’s plan to develop a new intellectual property strategy to help ensure that Canada’s intellectual property regime is modern, robust and supports Canadian innovation in the 21st century. In addition to amending the Trademarks Regulations, the Canadian Intellectual Property Office is working to amend the industrial design and patent frameworks so that Canada can join the Hague Agreement and the Patent Law Treaty.

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