Nice Classification: A first step in Canada’s upcoming trademark reform

It is now possible to adopt the Nice classification for trademark applications in Canada. This new measure, which is currently voluntary but will become mandatory once the new provisions of the Trade-Marks Act come into force, allows a trademark owner to classify goods and services among the 45 classes of the Nice Agreement. This is the first step towards a number of changes to harmonize the Canadian system with various international treaties.

For now, the government filing fee is still $250, regardless of the number of classes covered by the application. It remains to be seen whether the fees will be increased or not. Most of the member countries of the Nice Agreement charge a fee per class of goods and services. Which system will Canada adopt and what will be the cost? These and other details will be found in the new regulations which are expected in fall 2016, according to the latest news from CIPO. Stay tuned!

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