August 18, 2020
Janice Bereskin and Christina Capone Settimi coauthored an article "Canada's Official Marks Regime: Officially Time for a Change!", published in The Trademark Reporter, the law journal of the International Trademarks Assication (INTA).
What do SEASON’S GREETINGS, HAPPY HOLIDAYS, HOLIDAY CHEER, WINTER WISHES, JACKPOT, BINGO, POSTAL CODE, PERSONALIZED MAIL, YEAR 2000, and SCRATCH ’N WIN have in common?
These are all so-called “official marks,” a uniquely Canadian construct afforded a broad and unusual scope of protection in Canada under Section 9 of the Canadian Trade-marks Act (the “Act”).
Canada’s trademark law and practice with respect to official marks is widely regarded as one of the most arcane and curious features of Canadian trademark law. Although traditionally more a source of annoyance than a significant legal impediment, official marks are increasingly becoming an albatross, and there seems to be no relief in sight for the legitimate trademark owner.
To read full article, please click here.
This article was first published by INTA, The Trademark Reporter, Volume 106, Number 5, in the September and October 2016 issue.