Major amendments to Canada's Trademarks Act are set to
broaden the ability of brand owners to protect fluid marks, but
will also introduce new obstacles to slogans, which are currently
more easily registered. While posing unique challenges, fluid marks
also present unique opportunities.
To connect with consumers in the internet age, brand owners have
turned to dynamic and attention-grabbing marketing strategies,
including trademarks that are 'fluid' and change over time.
However, these non-traditional approaches are often at odds with
the principles of Canadian trademark law.
Brand owners should consult their IP counsel about the effect of
these and related issues, as well as recent practice and upcoming
legislative changes in Canada. The Trademarks Office has, without
announcement, begun accepting moving image marks. In addition, when
major amendments to the Trademarks Act come into force in 2019, the
office will formally recognise the registrability of moving
