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ARTICLE · 12 APRIL 2019

Canadian Trademarks: A Great Time To File (Part 1)

On June 17, 2019, substantial amendments to the Trademarks Act (Canada) will come into force. Because the Canadian system for registration of trademarks will be overhauled, it is time to pause and ask some questions

CanadaIntellectual Property

On June 17, 2019, substantial amendments to the Trademarks Act (Canada) will come into force. Because the Canadian system for registration of trademarks will be overhauled, it is time to pause and ask some questions – what are the advantages of a trademark registration and are there advantages to filing an application before June 17?

Registered vs. Unregistered Trademarks

Although it is possible to acquire rights in unregistered trademarks through use, there are many advantages of a trademark registration, including:

  • Protection throughout Canada: A registered trademark is entitled to exclusive use throughout Canada for the goods and services with which it is associated in Canada. On the other hand, an unregistered trademark is entitled to protection only in those areas where reputation can be shown.

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