Government of Canada releases long-awaited proposed amendments to the Trademarks Regulations and Industrial Design Regulations

Intellectual Property and Technology Alert


On June 19, 2017, the Canadian government released proposed amendments to the Trademarks Regulations and Industrial Design Regulations.

The proposed amendments to the Trademarks Regulations are intended to complement the 2014 amendments to the Trademarks Act, which, among other things, removed “use” as a prerequisite to registration, and to reflect the requirements in international treaties, namely the Singapore Treaty, Nice Agreement, and the Madrid Protocol. The latter treaty allows applicants to file a single “international” trademark application with the World Intellectual Property Office (WIPO) to obtain protection in multiple countries. The proposed amendments are also aimed at “modernizing” the trademark regime in Canada, such as with respect to opposition, section 45, and objection proceedings.

The proposed amendments to the Industrial Design Regulations are likewise intended to modernize Canadian industrial design requirements to better align them with international standards, namely the Hague Convention, and will allow applicants to acquire, manage, and maintain industrial design rights in up to 66 countries by filing a single application with WIPO. 

Public consultation on the amendments will occur from June 19 to July 14 for the proposed Industrial Design Regulations and June 19 to July 21 for the proposed Trademarks Regulations.

More information on the proposed amendments can be found here.