It's officially time for a change to Canada's official marks regime
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.
Want to read more?
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
What our customers are saying
World Trademark Review is simply the first resource I will go to for trademark-related information, whether about the latest trademark law development or case news, top trademark practitioners or interesting trademark events.
Jerry F Xia
Deputy general counsel and chief IP counsel – Asia-Pacific, corporate law department
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.