Changes To Canada’s Trade-Mark Law: Some Highlights

Not-for-profit organizations and other brand owners can look forward to amendments to the Canadian Trade-marks Act ("Act") and Regulations which will extend opportunities to protect their trademarks in Canada and internationally.

Highlights of Canadian trademark legislation passed in June of this year and expected to come into force sometime in late 2015 or early 2016 include:

• The definition of "trademark" will expand significantly to include marks which include three-dimensional shapes, holograms, moving images, modes of packaging and marks comprised of colour, scent, taste or texture.
• Applications filed before the Canadian Intellectual Property Office ("CIPO") will now be based solely on the applicant's intention to use or existing use in Canada. Applicants claiming use in Canada will no longer have to identify their date of first use.