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ARTICLE · 03 MAY 2021

Top 10 Differences Between Canadian And U.S. Trademark Filing, Prosecution And Enforcement

Smart & Biggar
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Canada has established itself as an attractive jurisdiction in which to do business. It has a stable economy, a high-income population, a business-friendly environment and has long led...

GlobalIntellectual Property
Tierney Deluzio
Tierney Deluzio
Kohji Suzuki
Kohji Suzuki
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 It also has especially strong economic ties and an extensive trading relationship with its larger neighbor, the United States, as a result of which many view the two countries as sharing similar laws, including trademark laws.

Indeed, Canadian trademark laws and rules do bear many similarities to those in the United States. Notably, the 2019 amendments to Canadian trademark legislation brought Canadian practice considerably closer to the United States; for example, Canada now uses the Madrid Protocol and Nice Classification systems and allows divided applications. However, for international brand owners looking to file, prosecute, and enforce trademarks in Canada, it is critical to keep in mind some important features unique to the Canadian system, which are outlined below.

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The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.

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