Canada – Implementation of the Nice Classification

In 2014, the Canadian government began a push towards a number of changes to the Canadian intellectual property framework designed to modernise the current practice and to align with international best practices. These changes include:

  1. Use of the Nice Classification system – the Nice Classification is the international trade mark classification standard of goods which is administered by the World Intellectual Property Office (WIPO);
  2. Accession to the Singapore Treaty; and
  3. Accession to the Madrid Protocol.

These changes are expected to come into force in late 2016 or early 2017 however from 28 September 2015, the Canadian Intellectual Property Office (CIPO) will begin accepting trade mark applications with goods and services grouped and classed according to the Nice Classification on a voluntary basis. This requirement will not become mandatory until the legislation comes into force.

Further, CIPO will update its online search facilities to allow for searches to be conducted according to classes which will assist business owners in locating potentially conflicting marks in the same field/industry.

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