Government Proposes Further Changes to Trademarks Act in Bill C-4

By Ashley Moniz

Photo by Lewis Parsons on Unsplash

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.

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