Keywords
Trademark Law, Canadian official marks regime, official marks, trademark registration
Abstract
When the Trademark Act (‘‘TMA”) came about in 1985, a unique aspect of Canadian trademark law was created: the official marks regime under section 9(1)(n). The official marks regime is available to public authorities and universities as a means of sidestepping the lengthy and expensive process of trademark registration and providing special protection for official marks. Once public authorities and universities obtain an official mark through this system, they are entitled to an expansive monopoly that allows them to use their mark for commercial use, while simultaneously keeping the official mark out of the public domain. Moreover, while trademarks are expungable from the registry for a number of reasons, up until recently official marks were virtually impossible to remove from the trademark database.
However, the official marks regime, since its birth, has faced significant scrutiny for being overbroad, allowing too much power to the valid authorities, and hindering industries. As such, the courts and the legislature have begun to limit the power of section 9(1)(n).
Recommended Citation
Maddison Tebbutt, "Officially Obsolete? A Critical Examination of the Canadian Official Marks Regime and its Waning Relevancy in Trademark Law" (2022) 20:1 CJLT 91.
Included in
Computer Law Commons, Intellectual Property Law Commons, Internet Law Commons, Privacy Law Commons, Science and Technology Law Commons