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ARTICLE · 24 NOVEMBER 2017

Changing The Recipe: The Amended Trademarks Act

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Amid a string of changes to the Trademarks Act, food and beverage brand owners should be aware of the potential impact that this new legislation will have on their trademark rights in Canada

CanadaIntellectual Property
Wynnie Chan
Wynnie Chan
Tamara Winegust
Tamara Winegust
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Amid a string of changes to the Trademarks Act, food and beverage brand owners should be aware of the potential impact that this new legislation will have on their trademark rights in Canada

On September 21 2017 changes to the Trademarks Act designed to increase and strengthen protection for geographical indications (GIs) as part of the Comprehensive Economic and Trade Agreement (CETA) with the European Union came into force. These amendments – as well as other updates to the Trademarks Act expected to be enacted by 2019 – will have a significant impact on the protection of food and beverage-related trademarks in Canada.

Geographical indications

With negotiations commencing in 2009, CETA has been characterised by the government as "by far one of Canada's most ambitious trade initiatives" and includes stricter protection for GIs in Canada.

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