Trademark changes
Daniela Bassan and Divya Subramanian
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?
Further discussion
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.
Archive
Perlene Morrison and Hilary Newman On October 11, 2017, the Chief Judge of the Provincial Court of Prince Edward Island gave her decision in R v. Community of Brackley. The Community of Brackley (the “Municipality”) was…
Read MoreIan Wallace The Occupational Health and Safety (“OHS”) legislation in Atlantic Canada and across the country recognizes the internal responsibility system. Everyone in the workplace is responsible for their own safety and the safety of…
Read MoreRick Dunlop, Kevin Landry and Justin Song Following October’s public consultation, which resulted in over 31,000 responses, Nova Scotia has revealed the first hints of its cannabis regulatory regime. While Nova Scotia’s proposed provincial legislation…
Read MorePeter McLellan, QC and Level Chan On November 29, 2017, the Nova Scotia Department of Finance and Treasury Board released new regulations with respect to asset transfers between pension plans that are effective November 28, 2017.…
Read MoreRick Dunlop and Kevin Landry The federal government has opened its 60-day consultation period with the release of its Proposed Approach to the Regulation of Cannabis. The paper outlines a potential regulatory framework which could…
Read MoreJosie Marks and Lara Greenough As 2017 comes to a close, please find below a summary of significant 2017 legislative amendments in each of the Atlantic Canadian provinces as well as federally, along with a…
Read MoreBrian Johnston, QC and Julia Parent In response to the report of the House of Commons committee on pay equity, the federal Liberal government announced its intention to bring in legislation to better ensure that…
Read MorePaul Smith and Dante Manna On November 14, 2017, Bill 22, also known as the proposed Pooled Registered Pension Plan Act (the “NB Act”), was introduced in the New Brunswick Legislature. If passed, New Brunswick…
Read MoreAndrew Burke and Kevin Landry The Toronto Stock Exchange (“TSX”) has made two recent changes to the TSX Company Manual that will impact disclosure: A. It introduced a requirement for many corporate listed issuers to…
Read MoreJennifer Taylor There is a role for social justice in statutory interpretation, according to the Nova Scotia Court of Appeal in the recent decision of Sparks v Nova Scotia (Assistance Appeal Board). This case is…
Read More