Mark Davis and Claire Stempien have authored an article titled “Why the Definition of Bad Faith Is Set to Expand in Opposition and Invalidity Proceedings in Canada,” published by the International Trademark Association (INTA) in the INTA Bulletin newsletter. Write Mark and Claire:
“The Canadian Trademarks Act (R.S.C., 1985, c. T-13) (Act) was amended in 2019 to expressly incorporate the concept of “bad faith” into Section 38(2)(a.1) as a ground of opposition to a trademark application and into Section 18(1)(e) as a ground for invalidating a trademark registration. “Bad faith” was defined in these provisions. This created some uncertainty about the metes and bounds of these new provisions. Canadian courts and the Trademarks Opposition Board (Board) have started to outline the boundaries of bad faith on a case-by-case basis.”
INTA is a global association of brand owners and professionals dedicated to supporting trademarks and complementary intellectual property (IP) to foster consumer trust, economic growth, and innovation, and is committed to building a better society through brands.