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Canada Nice Agreement

Canada has acceded to three WIPO treaties that encourage the global use of trademarks, have pushed Canadian trademark owners and consumers, and underscore Canada`s strong multilateral engagement with the World Intellectual Property Organization. There is no additional fee for the classification of goods or services according to the Nice Nomenclature for applications filed before 17 June 2019. However, goods and services must be properly grouped and classified according to the nice classification classes so that your request can continue with advertising. Thanks to its simple designation procedure, foreign companies and trademark owners can apply for trademark protection through the Madrid system when selling their goods and services in Canada. “We are very pleased that Canada, one of the world`s largest economies, has joined the international trademark system as well as other important trademark contracts managed by WIPO,” said Mr. Herr. Gurry added, “This is a true reflection of Canada`s commitment to WIPO and its commitment to multilateralism.” The Goods and Services Manual should be the first tool used to determine the Nice class for a particular good or service. Although the goods and services contained in the manual are not exhaustive, the manual contains declarations that are accepted without further elaboration, as well as the corresponding nice class for these entries. If you can`t find a specific match in the manual, you can find acceptable entries for similar goods and services. For more information on the Nice Classification, check out our exam guide.

The Director General of the World Intellectual Property Organization (WIPO) congratulates the Minister of Foreign Affairs and has the honour to communicate the filing, on March 17, 2019, of the Act of Accession to the Nice Agreement on the International Classification of Goods and Services for the Purposes of the Registration of Marks by the Government of Canada. 1957, revised at Stockholm on 14 July 1967 and at Geneva on 13 May 1977 and amended on 28 September 1979. The Singapore Contract applies in principle to all marks that may be registered under the law of a Contracting Party. In particular, it is the first international instrument to address trademark law and explicitly recognize non-traditional marks, including non-traditional visible marks such as holograms, three-dimensional marks, colour, position and movement marks, as well as invisible marks such as sound. For example, when an applicant in Canada files a trademark application claiming a class, but the examiner finds that the goods and services do fall into 15 different classes, the registrant would have to pay a class fee for 14 additional classes. The removal of the goods and services associated with the 14 additional classes does not change the fee payable from 1400 $US to additional class fees – even if the applicant modifies the application to cover a single class of goods or services! They should indicate common names for goods and services and use as complete and specific wording as possible….

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