Put Your Best Foot Forward: New Amendments To Trademark Legislation Require Best Evidence At First Instance (Among Other Changes)

Highlights

Important changes to the Trademarks Act¹ (the "Act") and Trademarks Regulations² (the "Regulations") legislated by the Canadian federal government in Bill C-86 are coming into force on April 1, 2025.

Significantly, when appealing a decision of the Trademarks Opposition Board ("TMOB") to the Federal Court, parties will no longer have the automatic right to file additional evidence.³ The amended provision contemplates that the Federal Court must grant leave to adduce new evidence on appeal.

In addition, Canada's Registrar of Trademarks (the "Registrar") will now have the ability to issue confidentiality orders if a party to a proceeding before the TMOB requests that some or all of its evidence be kept confidential to protect sensitive information.⁴ In an effort to promote efficiency in proceedings, the Registrar will also be able to issue orders for costs in response to certain impugned behaviour by parties to proceedings.⁵