Canada - Trademarks Act Amended

Newsletters and Bulletins / November 1995 / Canada

In compliance with its obligations under the Agreement on Trade related Aspects of Intellectual Property Rights set forth in the World Trade Organization Agreement, Canada has enacted amendments to its Trademarks Act, which are expected to enter into force on January 1, 1996. The principal revisions include the following:

1) the period of non-use which renders a trademark registration vulnerable to attack will be increased from 2 to 3 years preceding such attack;

2) a register of geographical indications with respect to wines and spirits will be established, on which the responsible Minister, upon request of a "responsible authority", will propose the inscription of geographical indications, whereupon such proposals will be published in the Official Gazette and will be open to objection for a period of 3 months following publication;

3) the adoption or use of a protected geographical indication as a trademark in respect of wines or spirits will be prohibited, unless:

a) the indication consists of the party's personal name,

b) the indication is used in comparative advertising,

c) the indication was used by a Canadian in good faith before April 15, 1994, or for at least 10 years before that date,

d)the indication has, according to a list published in the Act, become generic in respect of either wines or spirits, or

e) action to prevent the use or adoption of the geographical indication is not taken within 5 years, except in cases of bad faith, of the date on which the geographical indication became known or was registered as a trademark in Canada.

November 1995 Index

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