Publication Date: 2015-09-28
This practice notice comes into effect on September 28th, 2015, at which time the Registrar of Trade-marks will accept goods and services grouped and classed according to the Nice Classification.
As the proposed legislative changes relating to the classification of goods and services according to the Nice Agreement contained in Bill C-31 are not yet in force, the provision of Nice classes is voluntary at this time.
Where the Trademarks Office does not agree with the classification provided by the applicant and where the trademark has not yet been advertised pursuant to section 37 of the Trade-marks Act, the Registrar shall cause the application to be advertised in the Journal without the Nice Classification if no other requirements and/or objections are outstanding.
The Office will not grant extensions of time to allow the applicant to amend the application to include Nice classes.
This practice notice is intended to provide guidance on current Trademarks Office practice and interpretation of relevant legislation. However, in the event of any inconsistency between this notice and the applicable legislation, the legislation must be followed.
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