By Ashley Moniz
On January 29, 2020, the Government of Canada conducted its first reading of Bill C-4. The Bill, if passed, will bring the Canada-United States-Mexico Agreement (CUSMA) into force in Canada, replacing NAFTA. Bill C-4 includes proposed amendments to the Trademarks Act with respect to the import and export of trademark-infringing goods in Canada.
Currently, any person who is not entitled to use a registered trademark, that imports or exports goods with a confusing mark for sale or distribution infringes on the registered owner’s exclusive use of that mark. Bill C-4 would create a statutory presumption that the importer/exporter has infringed on the owner’s exclusive use unless they prove otherwise.
Bill C-4 further classifies goods in Canadian customs transit as Canadian imports. The Trademarks Act currently exempts goods under these circumstances which bear identical or indistinguishable marks from a registered trademark.
Finally, Bill C-4 extends the powers of customs officials and allows them to share the name and address of any person believed to be involved in the movement of goods with infringing marks.
For more information on protecting your mark from infringement, please contact us.