The Singapore Treaty, the Madrid Protocol and the Nice Agreement, and a Modernized Canadian Trademark Regime — An Overview

Canada's modernized trademarks legislative framework has officially come into force enabling Canada to accede to the Singapore Treaty, the Madrid Protocol, and the Nice Agreement

By joining the Singapore Treaty, the Madrid Protocol and the Nice Agreement, Canadian businesses and innovators now have access to efficient means of protecting their trademarks in various jurisdictions around the world. A modernized trademark regime that is aligned with other jurisdictions lowers the cost and increases the ease of doing business in Canada to the benefit of both Canadian businesses and those looking to invest in Canadian markets.

Adhering to the Singapore Treaty, the Madrid Protocol, and the Nice Agreement provides Canadian businesses with:

Modernizing Canada's domestic trademark regime also has key benefits for businesses:

Canada's accession to the Singapore Treaty, the Madrid Protocol and the Nice Agreement required significant changes to Canada's trademarks regime. The Trademarks Act was amended in 2014 and the new Trademarks Regulations were finalized in late 2018. CIPO also drafted new practice notices and information guides, revised the Trademarks Examination Manual and developed improved e-services for clients.

Madrid Protocol

The Madrid Protocol offers businesses and innovators the possibility of obtaining trademark protection in a number of countries by filing one single international application in one language with the World Intellectual Property Organization (WIPO). One overall payment is made in one currency, simplifying the application process and providing financial savings for those seeking to obtain and maintain protection for their trademarks internationally.

Singapore Treaty

The Singapore Treaty simplifies and standardizes many formalities and procedures relating to the administration of trademarks. It establishes a maximum set of conditions that can be imposed on applicants, and makes procedures more user-friendly, more consistent internationally and less time-consuming for applicants. It also covers new types of trademarks, such as holograms, colour per se, and scent.

Nice Agreement

A requirement for accession to the Singapore Treaty and the Madrid Protocol is the use of the Nice Classification, governed by the Nice Agreement. The Nice Agreement is a classification system used to categorize goods or services according to 45 general classes for the purpose of registering a trademark. The categories are harmonized across all member countries, making it easier to search and compare different trademarks.

Changes to the Trademarks Act

The Act was amended in 2014 to enable Canada to accede to the Singapore Treaty, the Madrid Protocol and the Nice Agreement, and to modernize Canada's trademark regime.

Notable amendments include:

Changes to the Trademarks Regulations

The Regulations incorporate the requirements of the three trademark treaties, and amendments that reduce the costs and administrative burden on applicants, align the domestic trademark framework with international norms, and simplify and clarify processes and procedures.

Highlights of the new Regulations include:

Resources

CIPO has drafted resources intended to provide information and guidance on the new processes and procedures that apply since .

For more details, please consult the Resources related to trademarks legislative changes page.

E-Services

CIPO has also improved its on-line services. Users now have an improved e-filing interface with new functionalities. This includes the capability to submit images in colour, and allow for a greater number of file formats, including PDF, JPEG, TIFF, and GIF. In addition, users now have the ability to amend an application and submit a Madrid Protocol application using interactive e-services.

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