Canada’s accession to the nice agreement on the international classification of products and services
Canada is preparing itself for fundamental changes regarding trademark law. By early 2016, Canada should have signed the Singapore Treaty and the Madrid Protocol.
In anticipation of these changes in practice, since 28 September 2015 Canada has been accepting trademark registration applications for trademarks relating to products and services which are voluntarily designated according to the Nice Classification.
For the time being, the use of this classification is not mandatory and will only become mandatory when the above-mentioned international instruments have been ratified.
Nevertheless, we strongly recommend that you start using the class system for your new trademark registrations in order to facilitate the registration process. You may also classify the products and services covered by your trademarks that have already been registered and that are due to expire.
In the event that the Canadian Office of the Registrar notifies you of an erroneous classification of your products and services, you may either modify the classification according to the Office's recommendations or decline to take action, in which case the Office will not take the classification into account during the trademark examination process and it will be published with no class indication.
Your usual contact at LAVOIX would be happy to provide you with further information.
- Publication date: November 2015
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