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Status of Proposed Amendments to the Trade-marks Regulations

Today, the Canadian Intellectual Property Office (“CIPO”) published a report on the public consultations on the proposed amendments to the Trade-marks Regulations. The CIPO has now compiled, reviewed, and analyzed the feedback received during the June 19 to July 21, 2017 consultation period.  The CIPO has identified what it considers the “main comments” from the feedback, which include:

  • concerns with respect to the lack of clarity in several sections of the Regulations, including sections related to opposition proceedings;
  • in view of the “Declaration of Use” requirement being formally removed from the Trade-marks Act, a proposal to include regulatory provisions that would allow for the voluntary submission, formal acceptance, and publishing of use information; and
  • a request for clarification regarding the process and obligations stemming from the new provisions incorporating the Madrid Protocol system.

The CIPO will work with the Department of Justice Canada to clarify the problematic sections.  The CIPO will also draft guidance documents and practice notices to clarify the regulatory practice.  This fall, the CIPO will host targeted in-person sessions, working groups, and web-based seminars to inform stakeholders on the implementation of the Trade-mark Regulations.

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