Columns

It's officially time for a change to Canada's official marks regime

By Tariq Remtulla

A new bill sets out proposals to overhaul Canada’s official marks regime. While the bill itself is unlikely to become law, there is a consensus that the official marks regime is in need of significant reform.

Official marks are a unique creature of Canadian trademark law and allow certain non-private sector bodies, known as ‘public authorities’, to obtain special protection for marks that they have adopted and used. Protected under Subparagraph 9(1)(n)(iii) of the Canadian Trademarks Act, official marks can comprise common words or phrases such as ‘engineer’, ‘doctor’, ‘postal code’ and ‘Today’s special’. The rights afforded to owners of official marks are broader than those conferred on trademark owners, since the owner of an official mark obtains exclusivity for all goods and services.

This article is part of World Trademark Review's premium intelligence and is only available to subscribers.

Register to access two of our subscriber only articles per month

Subscribe for unlimited access to articles, in-depth analysis and research from the World Trademark Review experts

Already registered? Log in

What our customers are saying

World Trademark Review is a fantastic tool for IP professionals to keep current with the latest case law, innovations and trends in intellectual property.  Even though my workload is time consuming, I always make time to read and digest the World Trademark Review articles and updates. The information provided is not only timely and relevant, but thoughtfully written to engage even those who might not specialise in intellectual property.

Lauren A Dienes-Middlen
Senior vice president, assistant general counsel – intellectual property, business and legal affairs
World Wrestling Entertainment, Inc

Benefits

Subscribe to World Trademark Review to receive access to the full range of trademark intelligence, insight, and case law, as well as our guides, rankings and daily market insight delivered to your inbox.

Why subscribe?

Close

Register for more free content

  • Read more World Trademark Review blogs and articles
  • Receive the editor's weekly review by email
Register now  
Issue 71