Is Change Coming To Canada’s Official Marks Regime? Possibly

Official marks, described by some as an arcane, unusual, noteworthy or curious feature of Canadian trademark law, may be up for change. 

Official marks, provided for under Section 9(1)(n)(iii) of the Canadian Trade-marks Act, are badges, crests, emblems or marks adopted and used by a Canadian public authority as an official mark for wares or services, and in respect of which the Registrar of Trade-marks has given public notice of its adoption and use. Official marks have been subject to some criticism, as Section 9(1)(n)(ii) does not define who constitutes a public authority; provide for any examination of official marks; create any objection or opposition regime; and provide for any duration (and renewal) for an official mark.