A recent change to Canada's Trademarks Act alters
the dynamics of trademark appeals, making it more important than
ever for parties to put their best case forward from the outset.
Effective April 1, 2025, parties appealing a decision of the
Registrar of Trademarks to the Federal Courts will no longer have
an automatic right to file new evidence on appeal. Instead, under
the amended section 56(5) of the Trademarks Act, they must
first obtain leave to introduce evidence not previously filed
before the Registrar.1
Legislative History
The new leave requirement for filing evidence on appeal is part
of broader reforms introduced under Canada's 2018 Intellectual
Property Strategy, which are intended "to strengthen,
modernize and enhance the efficiency and effectiveness of
Canada's trademark regime".2 The amendments
were enacted through Bill C-86, the Budget Implementation Act,
2018, No. 2, which received Royal Assent on December 13,
2018.3
