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
Stewart McKelvey is pleased to announce the creation of Discovery: Atlantic Education and the Law, a publication specifically designed for universities and colleges. We know it is not always easy for institutions in Atlantic Canada…
Read MoreRick Dunlop and Kevin Landry New Brunswick’s Final Report of the Select Committee on Cannabis was released September 1, 2017. The Committee was appointed by the Legislature of New Brunswick and was mandated to conduct…
Read MoreJennifer Taylor A child and her adoptive parents “found themselves caught up in a judge-made vortex of uncertainty and delay” when a judge made a “self-directed constitutional reference” instead of issuing an adoption order, prolonging…
Read MoreJennifer Taylor Introduction The recent Nova Scotia Supreme Court decision in Dyack v Lincoln is a nice case study on how to work through a limitations issue. It arrives almost two years after the “new”…
Read MoreBrian G. Johnston, QC While the concept of good faith is not new to employment law, its limits and implications remain uncertain. In a recent decision, Avalon Ford v Evans 2017 NLCA 9, the Newfoundland…
Read MoreLevel Chan and Dante Manna On August 9, 2017, the Nova Scotia Superintendent of Pensions announced temporary solvency relief for defined benefit pension plans available effective August 8, 2017. The changes allow pension plan sponsors…
Read MoreKevin Landry Edmonton wants “Cannabis Lounges”, Nova Scotia Landlords don’t want tenants to smoke marijuana in their rental homes, and Calgary City Council contemplates a private recreational cannabis system. The old adage of “Location. Location.…
Read MoreJon O’Kane and Jamie Watson Legal cannabis will have numerous implications for insurers. The federal Cannabis Act (discussed here), the provincial acts (discussed here) and the regulations (discussed here) are all going to add layers…
Read MoreVasu Sivapalan and Ben Whitney Legalized and regulated cannabis is on track to become a reality in Canada in just under a year (on or before July 1, 2018). This will create a number of…
Read MoreFurther to our Client Update on June 15 titled, “Requirement to register as a lobbyist in New Brunswick”, the deadline for initial registration under the Lobbyists’ Registration Act of New Brunswick has been extended from…
Read More