Canada’s trademark law is changing, and these changes will be coming into force on June 17, 2019. The sweeping changes which the new law will usher in are the most significant since the 1950’s. We therefore thought it was appropriate to take a deep dive into the new legislation, to briefly outline the main areas of change, and how trademark owners will be impacted.

The new trademark law will have a greater role for the concept of functionality, since with the abolition of distinguishing guises, the concept of functionality will apply to all trademarks.

Under the new Act, a mark will not be registrable if its features are primarily utilitarian in relation to the goods or services in association with which it is to be used. In addition, the issuance of a registration for a mark will not prevent the use of any utilitarian feature embodied in the trademark.

In addition, a new ground of invalidity is being introduced, again applying to all trademarks, whereby if a registration is likely to unreasonably limit the development of any art or industry, it may be cancelled by the Federal Court.