Trademark changes effective April 1, 2025

Summary#

This Order fixes April 1, 2025 as the day certain parts of the Budget Implementation Act, 2018, No. 2 come into force. Those provisions make a series of changes to Canada’s trademark rules, mostly aimed at reducing abusive or slow trademark disputes and making the system more efficient.

What it does#

• Requires a trademark owner to show use of a registered trademark to enforce it in court during the first 3 years after registration.
• Lets the Registrar give public notice that an official mark’s protection no longer applies if the holder is not a public authority or no longer exists.
• Allows an opposition or objection to be treated as withdrawn if the opponent or objector does not continue the proceeding.
• Gives the Trademarks Opposition Board authority to award costs in proceedings before it.
• Lets the Registrar issue confidentiality orders to protect commercially sensitive or personal information filed in hearings.
• Gives the Registrar specific powers to case-manage proceedings before the Board for greater efficiency.
• Removes the automatic right to file additional evidence on appeal of a Registrar decision to the Federal Court.
• Adds regulation-making authorities tied to these changes and to the awarding of costs in certain proceedings.

Who's affected#

• Businesses, brand owners and entrepreneurs who register or enforce trademarks in Canada.
• Small and medium-sized enterprises (SMEs) that can be harmed by slow or abusive trademark disputes.
• Lawyers and agents who represent parties in trademark oppositions, objections, appeals and infringement cases.
• The Canadian Intellectual Property Office (CIPO) and the Trademarks Opposition Board, which run and decide trademark proceedings.
• People or organizations blocked from registering marks because an old official mark remains on the record (those people could benefit if an official mark is withdrawn).
• If unclear: the Order brings into force specific sections of the 2018 Act; other stakeholders affected by related regulatory details depend on how accompanying regulations are written.

Why it matters#

• It aims to stop abusive or dilatory tactics that can delay competition and raise costs for businesses trying to use or register trademarks.
• The 3‑year use requirement for early enforcement pushes trademark owners to actually use their marks in Canada before suing, which can protect new businesses and reduce baseless claims.
• Confidentiality orders and case management could make hearings faster and reduce the chance of costly “dual litigation” over sensitive business information.
• Letting the Registrar remove obsolete official marks may free up the register so genuine users can obtain trademarks without resorting to costly court steps.