   
  
IP/N/1/CAN/27  
IP/N/1/CAN/T/8  
 
19 December 2019  
(19-8801)  Page: 1/2 
Council for Trade -Related Aspects of  
Intellectual Property Rights  Original: English/French  
 
 
NOTIFICATION OF LAWS  AND REGULATIONS  
UNDER ARTICLE 63.2 O F THE TRIPS AGREEMENT  
CANADA : TRADE -MARKS ACT  
Notifying Member  CANADA  
 
Details of the notified legal text  
 
Title Trade -marks Act  
Subject matter  Trademarks  
Nature of 
notification  [X] Main dedicated intellectual property law or regulation  
[  ] Other law or regulation  
Link to legal text* https://ip -documents.info/2019/IP/CAN/19_7247_00_e.pdf   
 
Notification status  [  ] First notification  
[  ] Amendment or revision to notified legal text  
[X] Replacement or consolidation of notified legal text(s)  
Previous 
notification(s) 
referred to  IP/N/1/CAN/24, IP/N/1/CAN/C/8, IP/N/1/CAN/P/15, IP/N/1/CAN/T/7 ; 
IP/N/1/CAN/22, IP/N/1/CAN/T/6  
Brief description of the notified legal text  
 
The consolidated version of the Trade -marks Act incorporates amendments made by Bill C -86 to, 
among other things:  
 
• Add bad faith as a ground of opposition to the registration of a trademark and for the 
invalidation of a trade -mark registration;  
 
• Prevent the owner of a registered trade -mark from obtaining relief for certain acts during the 
first three years after the trademar k is registered unless the trademark was in use in Canada 
during that period or special circumstances exist that excuse the absence of use;  
 
• Clarify that certain prohibitions of the Act do not apply with respect to a badge, crest, emblem 
or mark that was  the subject of a public notice of adoption and use as an official mark if the 
entity that made the request for the public notice is not a public authority or no longer exists; 
and 
 
• Modernize the conduct of various proceedings before the Registrar of Tra de-marks, including 
by providing the Registrar with additional powers in such proceedings.  
 
Bill C-86 also makes certain housekeeping amendments to provisions of the Trade -marks Act that 
are enacted by the Economic Action Plan 2014 Act, No. 1 and the Combating Counterfeit Products 
Act. IP/N/1/CAN/27 • IP/N/1/CAN/T/8  
 
- 2 - 
 
  Language(s) of 
notified legal text English, French  
Entry into force  13 December 2018  
Other date    
 
Notification details  
 
Submission date 
of notification  27 September  2019 
Other information  IP/N/1/CAN/T/7  (Bill C-86) amends the Trade -marks Act  
 
Bill C-86 (see subsection B of Division 7 of Part 4): 
https://www.parl.ca/DocumentViewer/en/42 -1/bill/C -86/royal -assent  
 
Trade -marks Act (as amended): https://laws -lois.justice.gc.ca/eng/acts/t -
13/FullText.html  
 
Agency or 
authority 
responsible  Innovation, Science and Economic Development Canada  
Copyright and Trademark Policy Directorate  
 
235 Queen Street  
Ottawa, Ontario K1A 0H5  
Canada  
Telephone:    343 -291-3163 
 
 
* Links are provided to texts of laws and regulations notified under the TRIPS Agreement in the form 
supplied by the Member concerned; the WTO Secretariat does not endorse or revise their con tent.                                                 