The Canadian Trademark Regime: Amendments to the Trade-Marks Act and the Threat to Canada and the United States

Authors

• Stephane Abitbol, Benjamin N. Cardozo School of Law

Abstract

The Canadian Government's proposed trademark reforms, particularly the elimination of the use requirement, risk destabilizing Canada's trademark regime, increasing litigation, and undermining its economic relationship with the United States. These changes deviate from the U.S. system under the Lanham Act, which requires use or intent to use, and could lead to a cluttered trademark register, harm businesses, and reduce market efficiency. While the reforms aim to align with international treaties, the elimination of the use requirement is unnecessary, as the treaties allow for maintaining such a requirement. The reforms threaten to disadvantage both domestic and foreign entities, particularly U.S.-based businesses, by creating uncertainty and increasing costs for intellectual property protection.

Disciplines

Antitrust and Trade Regulation | Intellectual Property Law | Law

Recommended Citation

Stephane Abitbol, The Canadian Trademark Regime: Amendments to the Trade-Marks Act and the Threat to Canada and the United States, 24 Cardozo J. Int'l & Comp. L. 229 (2015).
Available at: https://larc.cardozo.yu.edu/cjicl/vol24/iss1/7