Bear in mind this if you want to register a trademark in Canada

The trademark registration process in Canada will have some significant changes this year as a result of the trademark law reform which has been addopted recently.

The main changes that have to be taken into account by all who want to protect a trademark in there are:

 1. The term of trademark protection will be reduced from 15 to 10 years.

2.  Declaration of Use will be no longer required from trademark applicants –  as it is well-known Canada, similarly to The US, has required until now such declarations which to show a real use of the sign on the market. This was one of the significant differences when it comes to trademark filing compare to Europe, for instance. But no more. Still, trademark use will remain an important element of the protection because it will be a ground for invalidation in the case of a lack of genuine use.

3. Canada will introduce Nice Classification for goods and services for the purpose of trademark filing. In that way, Canada has joined almost all countries around the world that already use this classification.

4. An additional fee will be paid for every class above the first in case of filling of a trademark application or trademark renewal.

Source: April L. Besl (Dinsmore & Shohl LLP), Lexology.

Advertisements

New fees for international trademarks for Denmark

WIPO reports about new individual fees payable for designation of Denmark in international applications for trademarks. These fees, which will come into force on 01.07.2019, are as follow:

New fees regarding international trademarks for Tunisia

WIPO reports about changes regarding the individual fees payable in case of applications for registration of international trademarks where Tunisia is a designated country. The fees will enter into force on 28.02.2019 and are as follow:

Lithuania introduced some important changes in its trademark legislation

As of 01.01.2019, some important changes have been introduced in the trademark law in Lithuania, which adopt provisions from the EU Trademark Directive 2015/2436.  The most essential of them are:

• there is no more a requirement for graphical representation of a sign when it is applied for trademark protection;
• an opposition system was introduced which means that the Patent Office will make an examination on absolute grounds, and after that, every interested party can file an opposition based on earlier rights;
• certification marks are now possible for registration;
• invalidation and cancelation of trademarks will be done by the Patent Office, and not only by the Court as before.
• the trademark owner can stop goods labeled with his trademark to be transited across the country unless the person transporting the goods proves that the trademark owner is not entitled to prohibit the placing of those goods on the market in the country of final destination.
• the fees for registration of trademarks have been increased. For example, the fee for new trademark application goes up from 138 euro to 180 euro for one class of goods and services.

For more information here.

Source: Marques Class 46.

 

 

 

Samoa joins The Madrid Protocol for international registration of trademarks

WIPO informs about the Somoa accession to the Madrid Protocol for international registration of trademarks. In that way, the participating Member States become 103. According to the information Samoa will require individual fees for such marks as well as every license for an international trademark will have to be registered with the local Patent Office.

The Protocol will enter into force for the country on 04.03.2019.

For more information here.

San Marino joins the Hague Agreement

WIPO reports about the accession of the Republic of San Marino to the Hague Agreement Concerning the International Registration of Industrial Designs. This Agreement, which will enter into force for the country on 26.01.2019, gives an easy way for applying for industrial design protection in various countries around the world submitting only one application and paying one total fee instead of doing that in every single country.

More information can be found here.

New fees for international marks for Benelux

WIPO reports about the new individual fees for international trademarks with a designation of Benelux. The new fees which will come into force on 01.01.2019 are as follow:

For more information here.