Canada presents options for those seeking to protect and enforce
rights in luxury brands, including effective mechanisms and
alternatives for strategic defence and enforcement.
Canada can present challenges for fashion and luxury brand
owners seeking to protect their intellectual property through
trademark registrations. Restrictions on registering names,
signatures, portraits and the shape of goods mean that fashion
brands may need to commence use of their mark in Canada before
filing and provide evidence to support an acquired reputation in
Canada. Once registered, strategies for enforcing such rights must
also be carefully considered. Understanding the challenges that
fashion brands might face in seeking trademark registrations and
enforcing those rights, as well as alternative avenues for
protection (eg, industrial design protection), can help brand
owners build a rounded strategy to protect their fashion- related
intellectual property in Canada.
