Update: Amendments to Canada's Trade-Mark Act

Accepting goods and services classed with the Nice Classification

I can't believe this has been going on since 2014.  Anyway, the Canadian Intellectual Property Office posted this on its website on January 3, 2017.

It is also with great pleasure that we announce Canada’s display of acceptable Nice 11^th Edition goods and services to be reflected in WIPO’s Goods and Services Manager.

Accepting goods and services classed with the Nice Classification is part of our commitment to align our practices with international standards helping to attract foreign investment in Canada and support Canadian businesses, innovators and inventors to compete with the best in the world. 

You can see it here.

Don't get too excited! This doesn't mean that those “non specific” Nice classifications will all be acceptable. But the Manager does tell you what is or isn't acceptable 😉

Like this, except in blue

Happy 150th birthday Canada

On another note, Canada is celebrating its 150^th birthday this year. In recognition of this, Trade-Mark Registration Certificates now feature the 150 birthday logo instead of the three autumn maple leafs.

There are other, much more interesting, things going on too.   Ottawa 2017

This might just be a good year to make that long postponed trip to Ottawa.

I love d Movies

My view kind of looked like this

When I was in University I had a part time job as a projectionist. I got the gig from my brother who got it from my other brother. I rarely did in-class movies; it was too stressful. But I had two nights a week where I ran the projectors in the booth (safe from the jeers of the audience if things went wrong with the projectors – which they often did). There were two projectors and most movies were three reels, the change over had to be specifically timed. You set up reels one and two before the show and could make sure everything was perfect. (Do you remember those big circles in the upper right corner of the screen? That's what they are for.) The third (or more) reel got set up in the dark and was always a crapshoot. I got paid (a hefty wage, actually) to watch a movie. It was glorious (except for when things went badly).

Going to the movies and just setting back and watching is one of my favourite things. I'm pretty indiscriminate; I don't judge, I just enjoy. I am always more than willing to suspend my disbelief.

The home movie industry (video, DVD, streaming) is a mixed blessing for me. I love that I can watch a movie whenever I want; I hate that other people can pause it whenever they want. That's why I still go to the theatre. Well, that and the big screen. My new 55” OLED 4K is great but it can't compare to the big screen. 

I remember reading that movie makers would have to improve the cinema going experience rather than fight a losing battle against the pirating of movies. Well, let me tell you, they have done it!

Last night I went to Rogue One in Dbox 3D. Dbox is an “immersive cinematic motion experience, which is in sync with the action on the screen, immersing viewers in the movie to the point where they literally feel part of it. ...each and every movement of the D-BOX enabled cinema seats reflects the actions and emotions portrayed in the movie.”(click here for more info) 

WOW! Once I got over the giggles of being jiggled around, it was amazing.

I really recommend this. Just remember it is not a simulator or an amusement park ride so don't go in with that expectation.

Update: Amendments to Canada's Trade-Mark Act

Update: Amendments to Canada's Trade-Mark Act

Yesterday the Canadian Intellectual Property Office posted a proposed new fee structure.  You can view it here: Proposed adjustments to the trademark and patent fees 

This is the long awaited first step towards implementation of the changes to our Trade-Mark Act.  The consultation period extends to July 5.

 

HIGHLIGHTS 

 

Fees

Application & Registration

There will be only one fee associated with the registration of a trademark.  At filing an applicant will pay $C330 ($C430 if not filed online).  This replaces the current application and registration fees ($C450).  

 

The basic filing fee will cover one Nice Class.  Each additional class will incur a further fee of $C100 per class.

 

Renewals 

The renewal fee will be $C400 ($C500 if not filed online).

The renewal fee will cover one Nice Class.  Each additional class will incur a further fee of $C125 per class.

Use 

The consultation paper affirms that there will no longer be a requirement for use of a trademark to obtain registration in Canada.  The paper acknowledges that with the abolishing of the requirement for a declaration of use, there will be many proposed use applications that "can now" be registered.

Furthermore, the paper clearly states that applications filed prior to the coming into force of the new regulations will be subject to the $200 registration fee (but presumably not the per class fee).  

Coming into Force

CIPO is now stating that the regulations implementing the new law will come into force in early 2018 and the paper confirms this in its revenues and costs estimations which start in fiscal year 2018‒19. 

MIND RAMBLES: ON EMAILS, SHARE BUTTONS & CASL

THE NEW AND IMPROVED SHARE BUTTON

Today I “attended” an email marketing webinar. It was put on by an email service provider – it facilitates email marketing. According to the presenter, 68% of Canadian consumers prefer emails as the way to receive brand information; only 5% want it via social media (what a shock, considering the source – haha).

The webinar started with a discussion of something called a Share Button which email marketers should put in all their emails to enable the email's recipients to share the email message.

Well that triggered my interest!

IS SHARING AN EMAIL SPAM?

You may remember being inundated (and likely annoyed) with “opt in” emails because of CASL (Canada's Anti Spam Legislation) which was all the rage last summer -- if you don't know about CASL you could read my post here. Since the legislation took effect, over 300,000 complaints of spam have been reported to the CRTC; over a quarter of which were about the same company. So far three companies have been fined. On a more positive note, spam originating from within Canada – not from overseas – has dropped 37% since July 2014. But I digress...

Was sharing a marketing email spam? Probably not; after all it's not on you if somebody else forwards your email to someone. But as it turned out, the Share Button only encouraged and enabled the recipient of the email to share to social media not actually forward the email so it cleverly avoids the whole issue.

CANADIAN CONSUMERS PREFER EMAILS TO SOCIAL MEDIA

But wait, I thought you said consumers wanted email not social media interaction. Another hour lost, sigh.

Anyway, the takeaway from this? Emails rule and using share buttons can increase your email lists. Well, according to an email service provider.

Off the Beaten Track -- Hiking in Gros Morne National Park, Newfoundland, Canada

A few weeks ago, my husband and I hiked the North Rim and Long Range Traverses in Gros Morne National Park.

Gros Morne is a UNESCO World Heritage Site. The hikes took us along soaring fjords, Western Brook Pond and Ten Mile Gulch, up and down barren cliffs and through mountain meadows, bogs and forests.  We saw moose and caribou and picked bakeapples (a berry indigenous only to Newfoundland and Labrador).

It was extremely challenging; in fact you have to pass a “test”regarding orienteering skills (ie. can you read a map), accounting for declination and back-country safety.  

If anyone is thinking of doing this hike or looking for a challenge for next summer, you might want to check this out!

 For more pictures and commentary click here

Update: Amendments to Canada's Trade-Mark Act

A year after becoming law, CIPO has finally announced some real movement towards the implementation of our new Trademark law. Starting this fall, CIPO will be accepting trademark applications filed with their goods and services grouped and classed according to the Nice Classification of goods and services. 

In addition the online search capabilities will be enhanced to give the user the ability to search the database for marks filed within a particular class of goods and services.

Read the official announcement here:Coming soon: the Nice Classification

Update: Amendments to Canada's Trade-Mark Act

Well, it's been ten months since Bill C-31, Canada’s Economic Action Plan 2014 Act, No.1, was tabled.   As you may recall, the Bill contains major amendments to the current trademark system, one of the most important of which is to eliminate use as a registration requirement.  It also allows for implementation of the Madrid Protocol and adoption of the Nice Classification of goods and services.  Of significance also, it reduces the renewal period to 10 years which seems to be of most interest to my clients.  

So, what progress has been made?   Not much really.  On June 19th, Bill C-31 received Royal Assent and is now the law in Canada.  The next day the Canadian Intellectual Property Office (CIPO) released this document: Amendments to the Trade-marks Act: Questions and Answers

http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr03799.html?Open&wt_src=cipo-tm-main&wt_cxt=feature

However, the new Law needs Regulations in order to actually function and CIPO produced a discussion document in October outlining the proposed regulations for comments.  If you are so inclined, you can read that here, http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/h_wr03851.html

The consultation period ended on November 30 and no doubt numerous responses were filed.  Further consultations on fees and set up procedures and costs for Madrid Protocol applications are expected. 

CIPO has also held a couple of webinars in order to explain their perspective, the latest of which made it quite clear that full implementation of the amendments will not happen before early 2016.  For now, the current registration regime will remain in force and it is business as usual at CIPO.