The Government of Canada has been overhauling Canada's
trademark laws in an effort to modernize its intellectual property
(IP) framework.
The Trade-marks Act has been updated with some notable
amendments. Many were hoping that these amendments would be
addressed in the regulations. However, with the first draft of the
updated regulations now released, it appears cause for concern
remains.
Under the current system, anyone who files a trademark
application must provide a date of first use or a declaration of
use with respect to their trademark prior to registration, unless
they are relying on the registration and use abroad basis which is
not common.
The amendments to the Trade-marks Act have eliminated the
pre-registration statement of use requirement. The first draft of
the regulations, released by the Government of Canada on June 19,
2017, does not address the issue. Thus, it appears under the new
system that a person may file a trademark application without
