The expansion of the Trademarks Act in 2019 fundamentally changed the scope of registrable subject matter in Canada. However, successfully prosecuting non-traditional trademarks such as 3D shapes, single colours, motion, and sound remains an uphill battle. With the Canadian Intellectual Property Office (CIPO) maintaining a high threshold for distinctiveness and functionality, IP practitioners must employ precise evidentiary strategies from the outset.
Our experts will examine the technicalities of having a non-traditional trademark granted by CIPO, including overcoming a section 12(2) functionality refusal.
