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ARTICLE · 03 APRIL 2025

Spring Is Here, And Canadian Trademarks Practice Is Awash In Major Changes

Fasken
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April 1st, 2025 is a real tricky day for Canadian trademarks practice. It marks the coming into force of the final portion of Canada's long-running trademarks reforms.

CanadaIntellectual Property
Jean-Philippe Mikus
Jean-Philippe Mikus
Marek Nitoslawski
Marek Nitoslawski
Michael Shortt
Michael Shortt
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April 1st, 2025 is a real tricky day for Canadian trademarks practice. It marks the coming into force of the final portion of Canada's long-running trademarks reforms. This is no hoax! As we will see, some of these reforms present opportunities for brand owners, while others introduce quirky rules that could lead the unwary to lose their rights. This last round of reform has been lurking in the shadows for some time, but it can really bite.

Here goes our smorgasbord of legal curiosities in the world of Canadian brands!

Mind your evidence. It is no longer possible to add new evidence as-of-right when appealing a decision of the Trademarks Registrar both in oppositions and administrative cancellation proceedings. Instead, permission of the Federal Court will now be required. It is still unknown what standard will apply or how readily permission will be granted. It is now recommended to put your best foot forward in your evidence in administrative proceedings.

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