Clancy PC, Intellectual Property Law, Paula Clancy, Trademarks, Canadian IP, @CanadianIP, IP
By Sukey Omran
Bill C-86 has introduced bad faith as a new ground of opposition. In other words, an opponent may now oppose a trademark application on the basis that it was filed in bad faith.
Prior to the amendments to the Trademarks Act, Section 30 (i) required an applicant to declare that it was satisfied of its entitlement to use the trademark in Canada. This provision was sometimes used to attack applications filed in bad faith since it was argued that an applicant could not be satisfied that it was entitled to use the mark in Canada if it was filed in bad faith.
The following are examples of where bad faith may be found:
We know you have nothing but the best intentions in mind, but where in doubt, feel free to contact us so we can help you avoid any allegation of bad faith!
Clancy PC, Intellectual Property Law, Paula Clancy, Trademarks, IP