Will Changes To Canada's Trademark Laws Simplify Or Complicate Selection And Protection Of New Brands?

Cynthia Rowden and Dan Bereskin, Bereskin & Parr LLP, comment on upcoming changes to Canada's Trademarks Act, (bringing it in line with systems in Europe), giving their opinions on whether or not it will be helpful to businesses.

A recent re-branding project for a major international company encountered substantial obstacles, delays and costs attributable to third party registrations granted in Europe without use, and in some cases covering goods and services that appear never to have been sold anywhere. Canada's Trademarks Act has been amended (and the changes will likely be implemented in 2018) to bring it into line with aspects of many European trademark systems by permitting registration without use, and focussing on fast, easy and relatively inexpensive registrations, as opposed to having a register that reflects actual business activity. However, in the writers' view, the proposed changes miss the essential point. Instead, a system that focuses on actual