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Aug 17, 2016
Susan J. Keri, Bereskin & Parr LLP, Canada
Meghan Dillon, Bereskin & Parr LLP, Canada
First published on www.worldtrademarkreview.com

Canada: Will new trademark regime raise the bar?


Susan J. Keri, Bereskin & Parr LLP, Canada, Meghan Dillon, Bereskin & Parr LLP, Canada, First published on www.worldtrademarkreview.comThe new Trademarks Act’s registration requirements and provisions on distinctive marks look set to have a significant impact on how pharmaceutical companies manage their trademark strategies:
Canada continues to await implementation of amendments to the Trademarks Act set out in Bill C-31, the Economic Action Plan 2014 Act (No 1). The bill received royal assent in June 2014 and is expected to be implemented in 2018. The stated goal of the amendments is to bring Canada into line with international practice, allowing it to accede to the Madrid Protocol, the Singapore Treaty and the Nice Agreement. The legislative amendments are likely to present both benefits and challenges for applicants in all industries, with the pharmaceutical industry being no exception.
The most notable change to be introduced by Bill C-31 – and the one that has received the greatest amount of attention – is the dispensation of use as a requirement for registration. At present, trademark applications must be based on at least one filing ground. The most common filing bases are read more