On September 28, 2015, the Canadian Intellectual Property Office (“CIPO”) began accepting trademark applications with goods and services classified according to the Nice Classification. This signals the first step in a significant change to the registration of trademarks in Canada.The proposed legislative changes relating to the classification of goods and services are not in full force yet, so for the time being classification according to Nice is optional. One of the advantages of classifying goods according to Nice now, however, is that applicants wishing to extend their trademark into other countries using the Madrid Protocol – when this service becomes available to Canada – will already have their goods or services properly classified.A challenge for CIPO will be adjusting its application review procedures to account for the Nice classification. For now, if CIPO does not agree with the classification provided by an applicant, it will not issue an office action objecting to the classification (unless, of course, there are other reasons to refuse the application). Thus, if an applicant classifies its goods and services according to Nice, the burden lies with the applicant to ensure proper classification. Eventually, classification according to Nice will be mandatory in Canada, and as CIPO… Read full this story
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