Significant Changes To Canada’s Trademark Laws On The Horizon

On June 19, 2014, Bill C-31, which amends the Trade-marks Act among other things, received royal assent. The upcoming amendments are numerous and will lead to significant changes in Canadian trademark law.

The Bill C-31 amendments are intended to make the registration process under the Act consistent with international treaties (the Singapore Treaty,¹ the Nice Agreement² and the Madrid Protocol³ ). However, substantive changes beyond those required by these international treaties are contemplated by the legislation. The amendments are not expected to go into effect until 2015 because the government is drafting regulations to assist with the implementation of the legislation. Bill C-31 was tabled without much notice to or consultation with the profession, and it passed with some controversy. It remains to be seen how the new regulations will affect the practical implications of Bill C-31.