Canadian Trademark Developments and Trends – The 2018 IP Canada Report
The Canadian Intellectual Property Office (CIPO) recently published its 2018 IP Canada Report summarizing trends in intellectual property usage both in Canada and by Canadians globally. Based on data gathered from CIPO and from the World Intellectual Property Organization (WIPO), the report discusses statistics relating to patents, trademarks, and industrial designs.
Some of the report’s central findings and key predictions for trademarks are summarized below:
- Trademark activity is growing
Trademark applications in Canada have grown steadily over the past ten years, such that 29% more applications were filed in 2017 compared to 2008. In 2017, CIPO received 58,913 trademark applications, of which 56% were from non-residents. Canada is the first country of origin for trademarks filed with CIPO, representing 44% of the total applications received in 2017, followed by the United States (29%), China (4%), United Kingdom (3%) and Germany (3%).
- Top international destinations for Canadian applicants
The United States is the top foreign destination for trademark applications by Canadians, with 7,889 filings in 2016. China and the European Union Intellectual Property Office (EUIPO) are also significant destinations for Canadian applicants, representing 17% and 7% of the share of all Canadian international trademark applications, respectively.
- Implementation of the Madrid Protocol
With the implementation of the Madrid Protocol in June 2019, applicants will be able to apply for trademarks in multiple jurisdictions with a single application via the Madrid system. The report predicts that, in 8-10 years, 25% of all filings abroad by Canadians will use the Madrid system. Nonetheless, a higher market diversification is not expected as initial studies suggest that Canadian applicants will seek protection in four countries, on average.
The report shows that Canada continues to grow both as a filing destination and as a country of origin for trademarks. This growth reflects the need for business to protect their brand identities in the global marketplace.
Written by Thassiane Gossler and Allan Oziel