Amalia Berg

As of June 1, 2026, the Trademarks Opposition Board (TMOB) requires all confidential evidence and documentation in proceedings under sections 11.13, 38, or 45 of the Trademarks Act (the “Act”) to be submitted and served through “Connect”, Canada Post’s secure digital file-sharing platform. These changes are reflected in the amended practice notice on confidentiality orders, which form part of the TMOB’s broader effort to modernize its operations and improve service.

The Federal Court of Appeal’s recent decision in Promotion in Motion, Inc. (PIM Brands, Inc.) v. Hershey Chocolate & Confectionery LLCoffers fresh guidance on how courts evaluate survey evidence in trademark disputes, particularly online surveys. It also sheds light on why descriptive certification marks (think geographic indicators like “Swiss” for Swiss-made goods) have limited value in rendering a trademark distinctive. Background In 2013, the appellant, Promotion in Motion, Inc.

Amendments to the Trademarks Regulations will take effect on April 1, 2025. These changes are part of broader updates to the Trademarks Act, introduced through the Budget Implementation Act, 2018, No. 2 (Bill C-86), and will impact trademark proceedings in Canada. New Powers for the Registrar of Trademarks: Bill C-86 grants the Registrar new authorities, particularly in proceedings before the Trademarks Opposition Board (TMOB) and the management of official marks.