Skip to content

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.

SHARE

Archive

Search Archive


 
 

Health Canada announces legislative review of Cannabis Act

September 27, 2022

Kevin Landry and Nikolas Shymko The Cannabis Act came into force on October 17, 2018, putting in place framework for controlling the sale, possession, production and distribution of cannabis. The Cannabis Act requires the Minister…

Read More

COVID-19 immigration and travel: where are we now?

September 27, 2022

Brendan Sheridan and Brittany Trafford. Many events and workplaces started to feel more normal over the summer as we emerged from over two years of restrictions and COVID-19 pandemic precautions. However, as people line up…

Read More

Deadline extended on CAPSA guideline consultations

September 21, 2022

By Level Chan and Shaniqwa Thomas The Canadian Association of Pension Supervisory Authorities (CAPSA) has extended its deadline for submissions to October 14, 2022 on the following draft guidelines: Approach to Risk Management Guideline; Environmental,…

Read More

An email scam cautionary tale

September 16, 2022

By Nancy Rubin, K.C. and Levi Parsche What happens if a person accidentally makes payment to a hacker, instead of to the person they actually owe money? Should they have to pay again? In the…

Read More

Federal holiday declared to honour Queen’s death on September 19, 2022, but Atlantic provinces divided on whether to declare the holiday for private sector businesses

September 14, 2022

G. Grant Machum and Ben Currie On Tuesday, September 13, 2022, Prime Minister Justin Trudeau declared a federal holiday on Monday, September 19, 2022 to honour the death of Queen Elizabeth II. Minister of Labour…

Read More

Shareholder Agreements in Nova Scotia

September 13, 2022

Kevin Landry, Matt Jacobs Shareholder agreements are a key part of corporate governance. Nova Scotia is unique from other Canadian jurisdictions because the Companies Act (Nova Scotia) doesn’t contemplate ‘Unanimous Shareholder Agreements’ as other corporate…

Read More

Overwhelming backlog of Canadian immigration applications prompts new government action

August 25, 2022

By Kathleen Leighton Last year, Canada boasted record admissions of permanent residents, despite the COVID-19 pandemic, and has an even more ambitious target for 2022 – namely, to welcome 431,000 permanent residents to the country.…

Read More

New Post-Graduate Work Permit Extension Measure Announced

August 19, 2022

By Brendan Sheridan  While COVID-19 restrictions have been easing throughout Canada for the past several months, many foreign workers and international students are still feeling its effects. In particular, individuals who were on post-graduate work…

Read More

The Winds of Change (Part 4): A Review of Rental and Royalty Regimes for Wind Development on Crown Lands: Options for Newfoundland and Labrador’s Economic Wind Policy

August 3, 2022

By: John Samms, Sadira Jan, Paul Kiley, Dave Randell, Alanna Waberski, and Jayna Green As we explained in our July 6, 2022 “Winds of Change” article, the announcement made by Minister Andrew Parsons on April…

Read More

Update on the Economic Mobility Program for Refugees (phase 2): The Economic Mobility Pathways Project (“EMPP”)

August 2, 2022

Included in Beyond the Border – July 2022 By Brittany Trafford; Fredericton   Brief Overview In an attempt to address the Canadian labour market shortages, the Economic Mobility Pathways Pilot (“EMPP”), was introduced in 2018.…

Read More

Search Archive


Scroll To Top