Significant Amendments To Trademark Regulations Come Into Force April 1

On February 26, 2025, the Regulations Amending the Trademarks Regulations (the Regulations) were published in the Canada Gazette, Part II.  The Regulations come into force on April 1, 2025.

The regulatory amendments stem from the Budget Implementation Act, 2018, No.2 (Bill C-86), which introduces certain changes to the Trademarks Act and confers new authorities to the Registrar of Trademarks (the Registrar).  Specifically, the Registrar will have the authority in certain circumstances to:

• give public notice that the prohibition to adopt or use a particular official mark no longer applies;
• treat an opposition or objection proceeding as withdrawn;
• award costs in proceedings before the Trademarks Opposition Board;
• grant confidentiality orders; and
• case-manage proceedings.

Each of the above abilities (with the exception of the authority to treat an opposition or objection proceeding as withdrawn) requires drafting amendments to the Trademark Regulations.

The Canadian Intellectual Property Office (CIPO) states that the main goal of these amendments is to increase the efficiency of trademark dispute resolution and to discourage undesirable behaviours in proceedings, such as those which cause undue delay or expense.  CIPO has also indicated that it will publish additional resources in the coming weeks, including a new web page summarizing the amendments coming into force and additional information (including a new practice notice) about official marks.

The Trademarks Opposition Board has already published three new practice notices with respect to costs awards, confidentiality orders, and case management; these practice notices will also come into force on April 1, 2025.

Further information about the Regulations can be found at:

• Regulations Amending the Trademarks Regulations; and
• Order Fixing April 1, 2025 as the Day on Which Certain Provisions of the Budget Implementation Act, 2018, No. 2 Come into Force.

Our Trademarks group has also released a detailed overview of the Regulations’ impact on Canada’s trademark opposition practice, which can be found here.

Summary By: Steffi Tran