ARTICLE · 17 APRIL 2019

Trademark Applications Filed In Bad Faith

Goldman Sloan Nash & Haber LLP

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With the implementation of the current amendments to the Trademarks Act set to come into force on June 17, 2019, it is interesting that one related amendment is already in force.

CanadaIntellectual Property

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With the implementation of the current amendments to the Trademarks Act set to come into force on June 17, 2019, it is interesting that one related amendment is already in force. When it was passed, the Budget Implementation Act, 2018 No. 2 implemented the Governments intellectual property strategy. The Trademarks Act was amended to, among other things, add bad faith as a ground for the invalidation of a trademark registration. This is the only amendment to the Trademarks Act currently in force.

The registration of a trademark is invalid if the application for registration was filed in bad faith. It remains to be seen how this new ground will be interpreted by the courts.

Canadian Case Law

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