Implementing regulations for the new College of Patent Agents and Trademark Agents are published in the Canada Gazette for a 30 day consultation. The regulations and transition provisions would provide for the transfer of responsibility for agents, including entrance examinations and conduct, to the new college. The regulations would establish an Investigations Committee and the Discipline Committee with a majority of public members, impose a residency requirement on agents, and replace ‘firm’ agents with the option to appointment of all the patent agents at the same firm.
A number of fees at CIPO are increasing by 2% as of January 1, 2021 due to application of the Service Fees Act. As a result, the fees listed in schedules in the various regulations, such as Schedule 2 to the Patent Rules, may no longer be accurate. For example, the regular patent filing fee will increase to $408 as of January 1st. CIPO has an updated fee schedule. Application fees for a Certificate of Supplementary Protection also increase by 2% but not until April 2021.
Bill C-4, the U.S.-Mexico-Canada trade agreement implementation legislation received Royal Assent this afternoon. It passed the Senate before parliament suspended its session. As noted in an earlier post, Bill C-4 include a new criminal provisions on trade secrets, trademark changes on importation and in-transit goods, and some changes on copyright term.
Here are some more stats from the trademark filings in 2019 (see earlier post). According to my data, the top trademark filers for 2019 were:
|Prior to June 17||After June 17|
Approximately 68000 trademark applications were filed in 2019 (up about 6% from 2018). About 33% were filed without an agent (25% of marks prior to June 17; 44% of marks filed after although CIPO appears to be still updating agents for 2019 incoming Madrid marks) compared to about 24% in 2018. There were about 7500 incoming Madrid filings. See more stats, including my annual list of firms filing the most trademark applications. Continue reading Trademark Filings in 2019
CIPO posted new and amended practice notices for several aspects of trademark procedures:
- extensions of time in examination – the office will no longer grant extensions of time unless exceptional circumstances are shown;
- filing of divisional applications without a specific e-service;
- transitional provisions for Nice classifications;
- renewal of applications that do not have Nice classifications; and
- temporarily appointing a trademark agent for dealing with Nice classifications.
On Monday, June 17, 2019, significant changes to the Trademarks Act will come into force. These long awaited changes including changes to implement the Madrid Protocol, the Singapore Treaty and the Nice Agreement. Many of CIPO’s online trademark services are offline until Monday morning in preparation for the changes. Continue reading Trademark Changes
In support of the upcoming changes to the Trademark Act, CIPO is taking some online services offline for patents, copyright, industrial designs from Thursday, June 13, 2019, at 4 p.m. EDT to Friday, June 14, 2019, at 7 a.m. EDT. Trademark online services will be offline from Thursday, at 00:00 EDT to Monday, at 06:00am EDT. Continue reading CIPO downtime
Bill C-100 was introduced today for first reading, An Act to implement the Agreement between Canada, the United States of America and the United Mexican States. The Bill includes amendments to the Copyright Act and Trademarks Act. Continue reading NAFTA 2.0