Although we have not yet received the expected translation of the law, we have been informed that its principal changes include the following:
1) Letters of consent to the registration of a mark granted by a senior
trademark owner may now be accepted to overcome citations of confusingly
similar (but not identical) trademarks.
2) Trademark licensees may sub-license their rights to other parties and may also enforce the licensed trademark rights in their own names, provided the authorization to do so is given in writing by the trademark owner.
3) Trademark registrations may now be assigned without the goodwill associated with the trademark, and holding companies may now own trademark registrations.
4) Disclaimers may be entered in respect of elements of a trademark to overcome inherent registrability objections.
5) The issue raised in our Information Letter N.S. 179, namely, whether two oppositions should be filed, has been clarified; it will now be possible to file only one opposition before the same body as the one that ruled on the acceptance of the application. Also, the opposition term has been shortened from 6 months to 4 months.
6) Penalties for the infringement of trademarks, especially well-known trademarks, have been increased.
7) In the case of cancellation proceedings for non-use, the burden of proof may be reversed and the trademark owner may now be directed to prove use.
2) Trademark licensees may sub-license their rights to other parties and may also enforce the licensed trademark rights in their own names, provided the authorization to do so is given in writing by the trademark owner.
3) Trademark registrations may now be assigned without the goodwill associated with the trademark, and holding companies may now own trademark registrations.
4) Disclaimers may be entered in respect of elements of a trademark to overcome inherent registrability objections.
5) The issue raised in our Information Letter N.S. 179, namely, whether two oppositions should be filed, has been clarified; it will now be possible to file only one opposition before the same body as the one that ruled on the acceptance of the application. Also, the opposition term has been shortened from 6 months to 4 months.
6) Penalties for the infringement of trademarks, especially well-known trademarks, have been increased.
7) In the case of cancellation proceedings for non-use, the burden of proof may be reversed and the trademark owner may now be directed to prove use.
November 1994 Index