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Submitted to Intellectual Property Journal (IPJ)


On June 17, 2019, a new ground of trademark invalidation and opposition took effect in Canada: that “an application [for registration] was filed in bad faith.” This cryptic provision was enacted in 2018 to modify the package of 2014 amendments to the Trademarks Act that, when proclaimed into effect in 2019, radically changed Canada’s trademark system by allowing for the first time the registration of trademarks without evidence of use.

This Comment explores why the bar on bad faith applications was enacted and how it may work in practice.