Canada will be significantly changing its trademark law (for further details please see "Implementation of amended Trademarks Act not expected before 2018"). The anticipated date for the implementation of the new law has been postponed many times by the Canadian government. The most recent forecast from the government, which seems to have been provided with more confidence than previous forecasts, is that the new law is expected to come into force in early 2019.

Among many other changes, the new law will:

  • eliminate the need to provide use information when filing a trademark application;
  • abolish the requirement to file a declaration of use at the end of the application process; and
  • allow for the registration of non-traditional marks, including scent marks, texture marks and marks for colour per se.

The new law will also implement the Madrid Protocol.

For further information on this topic please contact Philip Lapin at Smart & Biggar/Fetherstonhaugh by telephone (+1 613 232 2486) or email ([email protected]). The Smart & Biggar/Fetherstonhaugh website can be accessed at