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Trademarks › Canada

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
Smart & Biggar

Protecting your brand: best practices for trademark record keeping in Canada

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While all brand owners desire to protect their trademarks, many do not regularly create or maintain detailed records of their use of their marks. A best practice that may pay dividends for your business, and help to protect...more

Snell & Wilmer

Impacts on Doing Business in Canada: Newly Effective Provisions of Quebec Bill 96

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Although English and French are both recognized as official languages of Canada, Quebec continues to enact laws which are directed to maintaining its unique cultural identity through the use of the Charter of the French...more

Smart & Biggar

What the Canuck?! Understanding scandalous, obscene and immoral marks in Canada

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“Scandalous, obscene or immoral” trademarks are not only unregistrable in Canada, but they are also unlawful to adopt in connection with a business “as a trademark or otherwise.” While similar prohibitions have been deemed...more

Stikeman Elliott LLP

Bill 96: New Rules for the Use of Trademarks on Commercial Signage and Product Packaging Soon to Come into Effect

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The final amendments to the Québec Charter of the French Language (“Charter”) introduced by Bill 96 will come into force on June 1, 2025. These changes relate to how non-French trademarks can appear on commercial signage and...more

Smart & Biggar

Quebec’s French language requirements for commerce and business: reform of the Charter of the French language

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This article provides an overview of French language requirements in Quebec for commerce and business under the Charter of the French language (RLRQ c. C-11) (the French Charter) and the Regulation respecting the language of...more

International Lawyers Network

Trademark Opposition Proceedings in Canada: Proposed Changes Now in Place

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In July 2024, I discussed proposed changes to trademark proceedings in Canada. Following a public consultation period, revised Regulations came into force on April 1, 2024 that incorporate those proposed changes. The changes...more

Smart & Biggar

Upcoming changes to Canada’s trademarks regime: what brand owners and their counsel need to know

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On April 1, 2025, long-awaited amendments to Canada’s Trademarks Act and Trademarks Regulations will come into force. The purpose of the amendments is to discourage abuse of Canada’s trademarks regime and to improve the...more

Womble Bond Dickinson

Prove It or Lose It: How USPTO’s Audit Program Inspired Canada’s Trademark Oversight

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If you own a U.S. trademark registration, you have likely encountered (or will encounter) an audit by the US Patent and Trademark Office (USPTO). The audit program, launched by the USPTO in November 2017, was enacted as a...more

International Lawyers Network

De-Cluttering in the New Year! Pilot Project in Canada to Cancel Trademark Registrations for Non-Use

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By Marie Lussier In January 2025, the Registrar of Trademarks launched a pilot project in which it sends notices to certain registrants asking them to show use of their registered mark, failing which their registration is to...more

Blake, Cassels & Graydon LLP

Marques de commerce : Des preuves d’emploi désormais exigées sous peine de radiation

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Le registraire des marques de commerce (le « registraire ») peut désormais exiger des propriétaires de marques de commerce déposées auprès de l’Office de la propriété intellectuelle du Canada qu’ils présentent des preuves...more

Smart & Biggar

Canadian trademark law 2024: a year in review

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In this article, we review a number of notable Canadian trademark cases from 2024 and highlight key developments in Canadian trademarks practice. On February 5, 2025, join us for an insightful webinar as we deliver a roundup...more

Blake, Cassels & Graydon LLP

Prove It or Lose It: Trademark Registrar Initiates Proof-of-Use Proceedings

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The Registrar of Trademarks (Registrar) can now request that owners of trademarks registered with the Canadian Intellectual Property Office (CIPO) submit proof of use of certain trademarks or face expungement of those marks...more

Smart & Biggar

[Webinar] Canadian IP litigation 2024: a year in review - February 12th, 12:00 pm - 1:00 pm ET

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Join us for an insightful session as our presenters Matthew Burt, Daniel Davies and Jean-Sébastien Dupont provide an annual summary of key developments in Canadian IP litigation. This webinar offers a valuable opportunity for...more

Smart & Biggar

[Webinar] Canadian trademark law 2024: a year in review - February 5th, 12:00 pm - 1:00 pm ET

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Join us for an insightful session as our presenters Pelle Berends, Tierney G.B. Deluzio, Meika Ellis and Kwan T. Loh deliver a roundup of Canadian trademark law, highlighting some of the most important new cases and practice...more

Smart & Biggar

Is your trademark in use? CIPO targets “deadwood” in 2025 and what you should expect

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Beginning in January 2025, the Canadian Trademarks Office (CIPO) will start proactively and unilaterally (i.e., without a request by a third party) sending notices to registered trademark owners requiring them to prove that...more

Bennett Jones LLP

Clearing the Deadwood: Inactive Trademarks at Risk as Section 45 Pilot Project Announced

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On December 12, 2024, the Canadian Trademarks Opposition Board (TMOB) announced plans to initiate a pilot project in January 2025 whereby the Registrar of Trademarks will proactively issue a limited number of section 45...more

International Lawyers Network

Special Circumstances: Lessons from Canada’s Federal Court on Trademark Non-Use

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A recent decision of the Federal Court, Trial Division in Little Brown Box Pizza, LLC v. DJB (2024 FC 1592) provides guidance on the question of special circumstances that can excuse an absence of trademark use in Section...more

Smart & Biggar

[Webinar] Impact of Bill 96 on product trademarks: insights from new regulation, OQLF’s guidelines and discussions with the OQLF -...

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Join us for an insightful webinar on how to address the French Charter requirements for trademarks appearing on products, considering the recently issued Quebec regulation and the OQLF's new guidelines. Over this 60-minute...more

Smart & Biggar

The OQLF’s new guidelines: practical resources for trademarks on products

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On June 26, 2024, the Regulation to amend mainly the Regulation respecting the language of commerce and business (the Regulation) was published in the Gazette officielle du Québec. Since then, the Office québécois de la...more

Smart & Biggar

CIPO’s new Specificity Guidelines for goods and services: what you need to know

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Those familiar with filing and prosecuting trademark applications in Canada will know that the Canadian Intellectual Property Office (CIPO) has among the world’s most stringent standards for assessing the specificity of goods...more

Dickinson Wright

Oh, My God (OMG)! – Scandalous Trademarks in Canada (and the US)

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“Scandal is gossip made tedious by morality.”- O Wilde - In crafting Valley of Mother of God Gin, the founders of Foxglove Spirits, Malcolm Roberts and Shelly Perry, drew inspiration from the lush forests and fields...more

Smart & Biggar

Official marks in Canada: a unique system with notable flaws

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Formally known as prohibited marks, official marks are a distinctive feature of Canadian trademark law, providing government entities with an exclusive and powerful tool to protect their marks, symbols and emblems. Private...more

Smart & Biggar

Don’t take the bait: avoiding trademark phishing scams

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The College of Patent Agents & Trademark Agents (CPATA) recently issued an alert regarding a surge in fraudulent emails targeting trademark owners. As is typical of these “phishing” scams, the emails often pressure recipients...more

International Lawyers Network

Proposed Changes to Canadian Trademark Regulations: Enhancing Efficiency and Addressing Official Marks

International Lawyers Network on

As discussed in my short article of July 10, 2024, important changes to the Canadian Trademark Regulations have been proposed. The changes have not yet come into effect and are still subject to change. The consultation period...more

International Lawyers Network

Important Amendments to Canadian Trademark Regulations

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On June 8, 2024, proposed amendments to Canada’s Trademarks Regulations were published in the Canada Gazette. The public consultation period is open until July 8, 2024, and comments will be posted on the Canada Gazette...more

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