Trademark Infringement In Canada

Owners of unregistered trademarks can sue for " passing off" however, owners of registered trademarks, in addition to being able to sue for "passing off", can bring actions in "infringement" and "depreciation of goodwill" as well. In this article, infringement actions are discussed.

An action in trademark infringement can be brought pursuant to sections 19 and 20 of the Canadian Trade-marks Act. A section 19 infringement action allows a registered owner of a trademark to prevent the unauthorized use of an identical trademark with respect to identical goods and services.

In contrast, a section 20 infringement action allows a registered owner of a trademark to prevent others from using trademarks or trade names that are confusing with the registered trademark. In determining what constitutes confusion, the surrounding circumstances are considered, including, but not limited to, the following: