The upcoming amendments to the Trademarks Act may bring
short-term uncertainty over ownership and licensing issues. One
thing that is unlikely to change is the
established principle of proving a licensor's
control over a mark.
The amendments to the Trademarks Act, implemented by Bill C-31
in June 2014, are expected to come into force in 2019 and will set
out major changes to Canadian trademark law – the most
significant being the removal of use as a requirement for
registration.
As trademark owners and practitioners have been anticipating
these amendments for some time, many have questioned their
implications and – now that the coming into force date is in
sight – have advised on early filing and renewal strategies.
Debate among the Canadian legal sector has delved into issues such
as the impact that so-called 'trademark trolls' may have,
how trademark owners will effectively search and clear marks and
whether there will be any constitutional challenges. However,
