Madrid trademark filings are proving to be popular means to
secure protection in Canada. Since June 17, 2019 over 6800 filings
with the World Intellectual Property Organization (WIPO) have
designated Canada. Indeed there are no special limitations that
would negatively affect Madrid protocol filings under Canadian law.
It is possible to assert rights acquired through prior use in the
context of such filings and they are processed in a generally
similar manner as national applications.
Foreign firms should be aware however of the ease and simplicity
with which non-use cancellation proceedings can be filed in Canada
and of the pitfall that exists for Madrid filings in particular.
Non-use cancellation proceedings may be easily initiated against a
registration online, by any person, regardless of whether they have
a legal interest and at a modest cost. It is commonplace in Canada
for external firms to be the party initiating such proceedings. It
is therefore less daunting
