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Mai 26, 2015
Susan J Keri, Bereskin & Parr LLP, Canada
Tamara Céline Winegust, Bereskin & Parr LLP, Canada
First published in the May 2015 edition of Law Lore & Practice published by PTMG

Pharmaceutical Trademarks and Changes to Canadian Trade...


Susan J Keri, Bereskin & Parr LLP, Canada, Tamara Céline Winegust, Bereskin & Parr LLP, Canada, First published in the May 2015 edition of Law Lore & Practice published by PTMGIn June 2014, Bill C-31, the Economic Action Plan 2014 Act, No. 1, received Royal Assent. Among other things, the Bill contained significant amendments to Canada’s Trademarks Act that will fundamentally change Canadian trade mark law and practice. Expected to come into force in late 2016 or 2017, the amendments also facilitate Canada’s accession to the Madrid Protocol, Nice Agreement, and Singapore Treaty.

Other amendments to the Trademarks Act contained in the Combatting Counterfeit Products Act, and implemented in early 2015, created new border measures designed to provide registered trade mark owners with additional tools to stop the import and sale of counterfeits. The following represents a brief summary of some of the most notable changes and their impact on the pharmaceutical trade mark field. Current applicants must claim at least one filing ground in a trade mark application—use, made known, use and registration abroad, or proposed use—and, if used, identify the date of first use. Use is of fundamental importance under  read more