The words “force majeure” do not appear in the Canadian Trademarks Act. However, at least three provisions now afford trademark owners and the Registrar of Trademarks some flexibility in addressing the effects of so-called “acts of God” under Canadian law—events beyond a party’s control which make performance of their obligations impossible. The relevant provisions:
With the June 17 "coming into force" date of the new Canadian Trademarks Act fast approaching, there are opportunities you can be taking advantage of NOW. Here, we highlight some practical tips and considerations to help you maximize the opportunities and prepare for the new realities.