May 22, 2019
Canada is finally getting its trademark laws in line with the rest of the world.
The new system will come into effect on June 17, 2019.
But the real deadline is June 13 because Canadian Intellectual Property Office website will not work from June 13 to June 17. Apparently, they need update their software.
This means you only have 16 days left to file your trademark applications in Canada to take advantage of whatever was good about the old system—before we transition into the new system.
Many detailed articles have been written about the upcoming changes.
This is not going to be one of those.
I'm simply going to give you 3 reasons why you want to file your Canadian trademark application now vs. later.
1. Government fees are going up
Currently, the government filing fees are only CAD $250—regardless of how many goods and services you include in your trademark application. Starting June 17, you will pay CAD $330 for the first class of goods and services plus CAD $100 for each additional class. Watch this video to find out more about classes of goods and services.
2. Use is no longer required for registration
Currently, you must confirm to the Trademarks Office that you have started using your trademark before it can register. There are two ways to do it. You can provide the date of first use of the trademark during the filing of your application. Or, if you file your trademark on the basis of proposed use, you can submit a declaration of use after the Trademarks Office allows your trademark.
This requirement is going away, which means it will be easier to get a trademark registered.
So what's wrong with that?
Nothing really—except ANYONE can now file a trademark application for YOUR brand. What this means is unless you catch them in time to oppose their trademark application, you can easily be driven out of your own brand.
I remember a court dispute I worked on as a lawyer in Moscow. A well-known Russian trademark squatter registered the STARBUCKS brand. For many years, he used that registration to stop the real Starbucks from coming into Russia. That battle cost the coffee company millions upon millions of dollars. I'm not even mentioning their legal fees.
Yes, Canada will continue to recognize common-law (unregistered) trademark rights. But know this. It is 10 times harder and 50 times more expensive to enforce common-law trademarks than it is to enforce a registered trademark.
If you have a brand you haven't yet protected in Canada, your risks of losing it will skyrocket after June 17, 2019.
3. We are bringing back our promo code to make it even more of a no-brainer for you
Book a free call with our strategy advisors using this link—and you will get USD $750 off our All-Inclusive package.
The link should automatically make you eligible for the discount. But just in case it doesn't, mention promo code Canada750 to your strategy advisor—and they'll take care of it.
I've often said that there is no reason in the world for building a brand you don't own.
A brand you don't own means a brand you can't stop your competitors from using.
It means a brand that can easily be taken away from you.
It means a brand you can't monetize.
What's your excuse if you are building a brand in Canada and you haven't trademarked it until now?