Fluid Marketing Under The New Trademark Regime

Consideration should be given to the protection of slogans and fluid marks in view of the changes expected to Canada's trademark law

In today's media-saturated environment, consumers are exposed to thousands of marketing messages every day. To cut through this clutter and connect with consumers, brand owners are adopting strategies that are often at odds with the conventions and legal principles of Canadian trademark law, including fluid marks – marks that are dynamic and interactive, rather than having a uniform format – and slogans that are often descriptive or of limited distinctiveness.

On June 19 2014 Bill C-31, an omnibus budget bill amending dozens of statutes, passed into law. The bill's amendments to the Trademarks Act are the most significant changes to Canada's trademark system in over 60 years. They not only eliminate use of a trademark as a registration requirement, but also remove the need to identify filing grounds or file a declaration of use.