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
By Alanna Waberski and Isaac McLellan On September 21, 2022, the Government of New Brunswick released its renewed climate change action plan which aims to help the province adapt to climate change while steering New…
Read MoreCourt upholds mandatory vaccine policy – Placing employee on unpaid leave not constructive dismissal
Mark Tector and Ben Currie While there have been a number of arbitration decisions on the subject, Parmar v Tribe Management Inc., 2022 BCSC 1675 appears to be the first reported civil court decision to…
Read MoreSadira Jan, Dave Randell, and James Gamblin Nova Scotia (“NS”) and Newfoundland and Labrador (“NL”) are positioned to become international leaders in offshore wind and green hydrogen. Each province has expansive offshores areas, abundant wind…
Read MoreKevin 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 MoreBrendan 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 MoreBy 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 MoreBy 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 MoreG. 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 MoreKevin 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 MoreBy 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