The Canadian Trade-marks Act will be amended effective June 17, 2019.
As a result, the Act will undergo a complete overhaul on various aspects of trademark prosecution, registration, and enforcement. These changes include:
- Elimination of the “use” requirement in trademark applications
- Expansion of the definition of trademark to cover non-traditional marks
- New administrative process for invalidating an official mark
- New international filings for trademark applications
- Shorter term of registration from 15 years to 10 years
- Introduction of “bad faith” as a basis to oppose trademark applications
These and other changes to IP law were highlighted previously in the article, Proposed Changes to IP Law: Will they impact your business?
Stewart McKelvey’s Intellectual Property Law Group has extensive experience assisting clients to develop, protect and enforce their IP rights. If you would like to discuss the above changes or how they may impact your business, please contact a member of our Intellectual Property team.
Harold Smith, QC and Chelsea Drodge Background On September 29, 2020, the government introduced Bill C-5, An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day…Read More
*Last updated: September 9, 2021 (originally published September 3, 2021) Katharine Mack The Nova Scotia government announced earlier today, September 3, that it would annually recognize September 30 as Truth and Reconciliation Day, beginning in…Read More
Kevin Landry and Annelise Harnanan (summer student) Recently, the Advisory Committee on Open Banking released the Final Report of the Advisory Committee on Open Banking, (“Report”) confirming its intention to implement a broader, more modernized…Read More
Kathleen Nash In a recent decision, McCallum v Saputo,¹ the Manitoba Court of Appeal confirmed that an employer does not have a “free-standing, actionable duty” to investigate an employee’s conduct prior to dismissal.² The Court of Appeal held…Read More
Brendan Sheridan The Government of Canada is undertaking a phased approach to re-opening the international border. While the government has had limited exemptions to the travel prohibitions throughout the pandemic, the loosening of the restrictions…Read More
Kevin Landry On August 3, 2021 the Canadian Securities Administrators (“CSA”) announced plans to combine the Investment Industry Regulation Organization of Canada (“IIROC”) with the Mutual Fund Dealers Association of Canada (“MFDA”). This move will…Read More
John Samms, with the assistance of Olivia Bungay (summer student) In a recent decision, S.D. v Eastern Regional Integrated Health Authority, 2021 NLSC 100, the Supreme Court of Newfoundland and Labrador denied the Plaintiff’s application…Read More
Richard Jordan and Folu Adesanya The 2021 Nova Scotia general election will be held on August 17, 2021. With the election looming, many Nova Scotians will be wondering the same question: “Am I entitled to…Read More
In the second episode of our labour and employment podcast, Workplace Issues in Atlantic Canada: A Legal Perspective, host and practice group leader Rick Dunlop speaks with Annie Gray and Dante Manna about the Federal…Read More