Current status: Closed
Public consultation: Open from November 26, 2018 to December 21, 2018
Consultation comments received during the public consultation
November 26 to December 21, 2018
- Chantal Desjardins – email (PDF: 364 KB; 2 pages)
- Janet Fuhrer – email (PDF: 325 KB; 2 pages)
- FICPI Canada (PDF: 536 KB; 19 pages)
- INTA (PDF: 634 KB; 78 pages)
Why
Canada is acceding to three international trademark treaties while modernizing the domestic trademark regime. By joining the Singapore Treaty, the Madrid Protocol and the Nice Agreement, Canadian businesses and innovators will now have access to efficient means of protecting their trademarks in various jurisdictions around the world. A modernized trademark regime that is aligned with other jurisdictions will lower the cost and increase the ease of doing business in Canada to the benefit of both Canadian businesses and those looking to invest in Canadian markets.
Legislative changes have already been made to the Trademarks Act and the Trademarks Regulations, to comply with the requirements of these agreements and to modernize and align opposition, section 45 and objection proceedings with one another.
This consultation pertains to the Trademarks Opposition Board practice notices that have been created and updated, in light of Canada's modernization of the domestic trademark regime. In line with our commitment to inclusive, meaningful, open, transparent and balanced consultations, we want to hear your views and comments on these proposed practice notices.
Who
We want to hear from businesses, individuals, agents, groups or organizations that have an interest in Canada's trademark regime in general and/or in opposition and section 45 proceedings in particular.
What
This public consultation on Trademark Opposition Board practice notices is an opportunity for you to learn about the new processes and procedures that will apply to opposition and section 45 proceedings once the amended Trademarks Act and the new Trademarks Regulations come into force on June 17, 2019.
Consultation documents:
- Draft – Practice notice on opposition to Protocol applications and section 45 cancellation proceedings against protocol registrations
- Draft – Practice notice on the Pilot project on registrar initiated section 45 proceedings
- Draft – Practice notice on Practice in trademark opposition proceedings
- Draft – Practice notice on Practice in section 45 proceedings
- Draft – Practice notice on Divisional applications in opposition
When
November 26th to December 21st, 2018.
How to Participate
Please share with us your comments and feedback by email. Please include "TMOB Practice Notices Consultation" in the subject line.
Questions?
Should you have any questions about this consultation, please send them by email or by regular mail to the following address:
Trademarks Opposition Board
Canadian Intellectual Property Office
Innovation, Science and Economic Development Canada
Place du Portage, Phase 1
50 Victoria Street
Gatineau, QC K1A 0C9
Attention: Guylaine Lefebvre