2019 has been a momentous year for trademark owners and their
advisors. We have experienced the culmination of the trademark
reform process and the introduction of the amendments to the
Trademarks Act in June. Many changes have been implemented. While
most of the changes are positive, the changes that allow an
applicant to obtain a registration with no requirement to specify a
date of first use of the trademark are not popular with most
practitioners. The same can be said for the concept of examining
trademark applications based on distinctiveness. Finally, we are
faced with the new era of unacceptably long processing delays by
the Trademarks Office.
Against this background there have been many notable decisions.
Decisions have provided insights concerning the impact of
diminished distinctiveness, the procedure for attacking an
inappropriate transfer of a mark and trademark use. In a more
litigious context decisions have considered the impact of state of
the register
