LEGAL FRAMEWORK
National law
Trademarks in Canada are governed by several different statutes
and regulations, as well as by common law.
Both registered and unregistered trademark rights are defined in
the Trademarks Act (RSC 1985, c T-13) and the Trademarks
Regulations (SOR/96-195). Certain Olympic symbols are protected by
the Olympic and Paralympic Marks Act (SC 2007, c 25) and the
Olympic and Paralympic Marks Regulations (SOR/2007-294). In
addition, provisions of the Competition Act (RSC 1985, c C-34), the
Criminal Code (RSC 1985, c C-46) and the Precious Metals Marking
Act (RSC 1985, c P-19) can pertain to trademarks.
In 2013 Canada introduced amendments to the Trademarks Act in
Bill C-8, the Combating Counterfeit Products Act. If passed, Bill
C-8 would introduce new border detention provisions and criminal
sanctions for counterfeiting, as well as allowing the registration
of a broader range of signs (eg, colours, smells, tastes and
textures) and
