Navigating Canada’s official marks system: Elliott Gold and Graham Hood for WTR

In a recent article for World Trademark Review (WTR), Elliott Gold and Graham Hood provide an in-depth analysis of Canada’s official marks system, a unique feature of Canadian trademark law.

Official marks, formally known as prohibited marks, provide public authorities with broad protection for all goods and services without distinctiveness requirements. While the system offers significant advantages, it also poses challenges for brand owners, especially when official marks are generic or resemble applied-for trademarks.

Elliott and Graham provide practical advice on how brand owners can navigate official mark citations, including challenging a public authority’s status or seeking its consent to registration. They also discuss ongoing legislative reforms aimed at improving the system.

Read the full article (accessible to subscribers of WTR).