Non-Traditional Trademarks Laws In Canada

In the realm of trademarks law as a whole, Canada is lagging behind. More specifically, in the areas of non-traditional marks, Canada has a lot of catching up to do. This is due to its legislature with regards to this topic whereby it is virtually non-existent when compared to other jurisdictions in the rest of the world, such as the European Union (EU) and the United States (US). However, I argue that with the current changes in this area of law, such as the passing of Bill C-35, it can be anticipated that there will be positive changes ahead in Canada’s trademark laws. This essay attempts to show that non-visible signs should be protectable as trademarks given the right circumstances. As long as these non-traditional marks are able

In brief, Canada’s history with trademarks can be traced back to pre-confederation in 1860, whereby the legislative council and Assembly of Canada adopted An Act Respecting Trademarks. Thereafter, the Trade-marks Act which is still in use today was enacted in 1953. Since that time, however, only minor changes have occurred within this Act. For instance, in 2005, the Canadian Intellectual Property Office (CIPO) wanted to modernize the Trade-marks Act. This included, but was not limited to changes to the regulation of non-traditional trademarks. This very brief historical overview shows Canada’s reluctance to make radical changes to the area of trademark law. This in turn creates a disadvantage for potential trade mark owners in Canada, as the law is not as comprehensive to cover areas such as non-traditional signs. Markets are constantly changing and with the innovations in technology, companies need these new and innovative ways to distinguish themselves in new ways to stay current in the marketplace and attract customers. Therefore with Canada’s stagnation in making changes in the law to in recognition of globalization and technological innovations, it puts Canadian companies at a disadvantage. However, with the passing of Bill C-35 it can be argued that slowly but surely, Canada will be on par with other jurisdictions around the world. This will shown by analyzing the current trademark law in the EU and US.

but not very rich when compared to the rest of the world. at the Trade Marks Act which was enacted in 1953. Since it’s enactment, very little changes has occurred in terms of