With amendments to the Trademarks Act in 2019, bad faith was introduced as a new ground to oppose trademark applications and, by implication, a new ground to expunge existing registrations. Relying upon bad faith at filing, the Federal Court recently invalidated two existing registrations.

Foreign applicants are able to file trademark applications in Canada through WIPO. However, CIPO will not communicate with foreign counsel. This often results in lost or misdirected notices and abandonment of the application by default. We recommend appointing a Canadian agent promptly after filing.

On May 24, 2022, Quebec introduced new language requirements for businesses trying to sell goods and services to Quebeckers. The changes for packaging, signage, and advertising come into force on June 1, 2025 and require a trademark registration for all non-French trademarks.