Distinctiveness enjoys enhanced importance under new legislation
The scrutiny of both inherent distinctiveness and actual evidence of ability to distinguish in the marketplace will increase once amendments to the Trademarks Act come into force
Amendments to the Trademarks Act were passed into law in 2014 and are not expected to come into force until 2016 at the earliest. These amendments focus on the importance of inherent distinctiveness in a mark that is adopted for use or registration in Canada.
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