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Until just a few years ago, most Canadian brand owners doing business abroad had limited options for protecting their trademarks outside of Canada. They were obliged to file separate applications in each country of interest, except in the few areas where a regional application is available (such as for the European Union).
This decentralized approach meant that securing global brand protection was a costly and sometimes difficult endeavour for Canadian businesses. Filing an application directly in a foreign jurisdiction typically requires the services of local trademark counsel in each country or region and often raises frustrating technical hurdles such as the need for translations, powers of attorney and formalities such as notarization and legalisation of documents.
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Canada has established itself as an attractive jurisdiction in which to do business. It has a stable economy, a high-income population, a business-friendly environment and has long led the G7 in growth. It also has especially strong economic ties and an extensive trading relationship with its larger neighbor, the United States, as a result of which many view the two countries as sharing similar laws, including trademark laws.
Indeed, Canadian trademark laws and rules do bear many similarities to those in the United States. Notably, the 2019 amendments to Canadian trademark legislation brought Canadian practice considerably closer to the United States; for example, Canada now uses the Madrid Protocol and Nice Classification systems and allows divided applications. However, for international brand owners looking to file, prosecute, and enforce trademarks in Canada, it is critical to keep in mind some important features uniq