Good Faith in Canadian Trademark Applications

23 Pages Posted: 13 Nov 2020

See all articles by David Vaver

David Vaver

York University - Osgoode Hall Law School

Date Written: October 2020

Abstract

On June 17, 2019, a new ground of trademark invalidation and opposition took effect in Canada: that “an application [for registration] was filed in bad faith.” This cryptic provision was enacted in 2018 to modify the package of 2014 amendments to the Trademarks Act that, when proclaimed into effect in 2019, radically changed Canada’s trademark system by allowing for the first time the registration of trademarks without evidence of use.

This Comment explores why the bar on bad faith applications was enacted and how it may work in practice.

Suggested Citation

Vaver, David, Good Faith in Canadian Trademark Applications (October 2020). Osgoode Legal Studies Research Paper Forthcoming, Available at SSRN: https://ssrn.com/abstract=3729393

David Vaver (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

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