As trade talks between Canada and the United States dominate the
headlines, it is hard to ignore the strong economic ties between
these neighbouring nations. For example, the total volume of goods
exported from the U.S. in to Canada exceeds total combined exports
to Germany, France, the UK, Sweden and Italy. In addition, 90% of
the Canadian population lives within 200 miles of the U.S./Canada
border and is exposed to U.S. media and U.S. brands on a daily
basis. Yet, many important U.S. based brands that are known or used
in Canada are not registered in Canada.
While Canadian trademark laws and rules bear many similarities
to those in the United States, there are also important differences
to bear in mind when filing a cross-border application. These
neighbouring jurisdictions will become more similar once the
amendments to the Canadian Trademarks Act come into effect
in 2019. This article outlines some of the most important
differences today, and highlights how
