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ARTICLE · 07 JUNE 2018

Trademark Use In Canada – Putting Use Back In The Trademarks Act

In late April 2018, Canada's Federal Government announced the launch of a new Intellectual Property Strategy designed to improve awareness of IP by Canadian businesses, and encourage creators...

CanadaIntellectual Property

In late April 2018, Canada's Federal Government announced the launch of a new Intellectual Property Strategy designed to improve awareness of IP by Canadian businesses, and encourage creators, entrepreneurs and innovators to participate more actively in the IP system. The strategy is partly in response to relatively low trademark, patent and other IP filings by Canadian businesses compared to many other trading partners. A major focus is on educating Canadian businesses of the benefits of addressing IP rights early in the development of a business strategy, and proactively taking steps to protect IP in Canada and abroad.

The announcement contains several proposals for legislative reform, including two specific issues relating to trademarks. First, the Government has promised new opposition and invalidation grounds to deal with trademark squatting. Second, the Government proposes legislation requiring use to enforce a trademark registration within three years of

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