Trends, analysis and insights in IP Law
The Madrid Protocol is celebrating its second anniversary in Canada! Since it came into effect on June 17, 2019, Canadian businesses have more than one string to their bow to protect their trademarks in Canada and internationally. This is the first article in the series on the Madrid Protocol in Canada; it will focus specifically on international filings made by Canadian companies.
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Introduction
The revised Trademarks Act came into force on June 17, 2019 and brought new waves of changes to the trademark legal landscape in Canada. The Act is now more harmonized with international practices and standard procedures of trademark law by adhering to international treaties and implementing the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice classification) and the Madrid Protocol for trademark applications with the World Intellectual Property Association, allowing access to more than 100 jurisdictions worldwide in a single application.
Non-Traditional Trademarks
To align Canadian trademark law with international standards, the revised Act now recognizes new non-traditional trademark signs, such as colours, three-dimensional shapes, holograms, moving images, modes of packaging goods, sounds, scents, tastes, textures and the positioning of a sign. This amendment opens the door for businesses in the Canadian market to let creativity run free and protect innovative forms of marketing.
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