Trademarking Cannabis Products Before Legalization: A Proactive Step Or An Illegal One?

As businesses in Canada scrambled to market their cannabis products when recreational cannabis use was legalized in 2018 ("Legalization"), some brands filed trademark applications for cannabis-related goods and services prior to Legalization. While filing an application to register a trademark can certainly be seen as a proactive step, there are legitimate questions about whether the move was permitted by the Trademarks Act (the "Act") at the time.

Prior to the legislative overhaul of the Act in June 2019, section 30(i) read as follows:

30 An applicant for the registration of a trade-mark shall file with the Registrar an application containing

(i) a statement that the applicant is satisfied that he is entitled to use the trade-mark in Canada in association with the goods or services described in the application.