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ARTICLE · 19 JUNE 2020

Canada's Trademark Overhaul – 1 Year Out

On June 17, 2019, Canada's trademark regime went through the most significant changes in over 50 years. Where have we landed, a year after the new provisions came into force?...

CanadaIntellectual Property

On June 17, 2019, Canada's trademark regime went through the most significant changes in over 50 years.  Where have we landed, a year after the new provisions came into force?

One thing seems certain: Canada's Trademark Examiners are loving the new "non-distinctive" objection.   It has become the objection du jour, and sometimes appears to be applied in rather overreaching circumstances, with Google searches ruling the day.  Practitioners have had to craft responses, without genuine guiding jurisprudence so far, in an effort to overcome the objection, and only time - and likely appeals to the Federal Court - will provide a better frame work for brand owners, and the professionals who guide them, to understand the proper scope of the objection.

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