iPatents

Singapore and Madrid - major changes to Canadian trade-mark law proposed

There was a short posting on the CIPO news section on December 15, 2009. In non-descript language, the news item referred to a consultation on a proposal to “more closely align [the trade-marks legislation] with modern business practices and international standards”.

The major proposed changes include:

• implementation of the Singapore Treaty, which will require new forms of trade-marks to be protected (sound, colour, motion), plus the requirement of classification of wares and services under the Nice agreement.
• implementation of the Madrid system, whereby a Canadian registration could be obtained as part of a bundle of several national marks.

CIPO undertook a similar consultation in 2005, but abandoned the reforms. With many more countries ratifying and acceding to these international treaties, CIPO is once again consulting on these fundamental changes to the law.

WIPO overview of the 2006 Singapore Treaty.

WIPO overview of the 1891 Madrid Agreement and 1989 Madrid Protocol.

WIPO overview of the 1957 Nice Agreement.