IP/N/1/CAN/27, IP/N/1/CAN/T/8

Canada

Trade-marks Act

The consolidated version of the Trade-marks Act incorporates amendments made by Bill C-86 to, among other things: • Add bad faith as a ground of opposition to the registration of a trademark and for the invalidation of a trade-mark registration; • Prevent the owner of a registered trade-mark from obtaining relief for certain acts during the first three years after the trademark is registered unless the trademark was in use in Canada during that period or special circumstances exist that excuse the absence of use; • Clarify that certain prohibitions of the Act do not apply with respect to a badge, crest, emblem or mark that was the subject of a public notice of adoption and use as an official mark if the entity that made the request for the public notice is not a public authority or no longer exists; and • Modernize the conduct of various proceedings before the Registrar of Trade-marks, including by providing the Registrar with additional powers in such proceedings. Bill C-86 also makes certain housekeeping amendments to provisions of the Trade-marks Act that are enacted by the Economic Action Plan 2014 Act, No. 1 and the Combating Counterfeit Products Act.

Bill C-86 amends the Trade-marks Act Bill C-86 (see subsection B of Division 7 of Part 4): https://www.parl.ca/DocumentViewer/en/42-1/bill/C-86/royal-assent Trade-marks Act (as amended) : https://laws-lois.justice.gc.ca/eng/acts/t-13/FullText.html

Innovation, Science and Economic Development Canada Copyright and Trademark Policy Directorate 235 Queen Street Ottawa, Ontario K1A 0H5 Canada Telephone: 343-291-3163

https://ip-documents.info/2019/IP/CAN/19_7247_00_e.pdf