The 2025 Canadian trademark landscape has seen a sharp focus on evidence-based decisions, with courts and boards demanding clear, specific proof of use or non-use. The Federal Court of Appeal and Trademark Board reinforced that mere ownership or operational hurdles aren’t enough to defend against cancellation claims. Owners must show unavoidable conditions and a genuine intent to resume use, which means thorough documentation is no longer optional - it’s essential.
Bad faith claims have also become more nuanced. Courts now require clear, persuasive evidence of intentional misconduct, not just personal disputes or dissatisfaction with business choices. The FrieslandCampina v. Vinamilk case highlighted how intentional misrepresentation - like altering trademark translations - can trigger legal consequences. For businesses, this means every business decision and market action needs to be meticulously recorded to avoid being misinterpreted.
When it comes to special circumstances like recent acquisitions or pandemic-related disruptions, the law is clear: evidence matters. The TMOB treated pandemic shifts as business choices, not exceptional circumstances, unless there was direct, unavoidable impact and concrete plans to resume use. Owners facing section 45 cancellations must not only document challenges but also show specific steps taken to overcome them.
Global trade barriers have further complicated trademark management. With section 45 proceedings increasingly targeting trademarks filed without prior use, businesses must proactively document use and justify non-use in the context of external disruptions. This isn’t just about compliance - it’s about staying ahead of potential legal risks.
IP Defender’s monitoring service is designed to help businesses navigate these complexities. By tracking national trademark databases, IP Defender identifies conflicts and infringements before they escalate. This real-time surveillance ensures brands are protected against rogue registrations and conflicting trademarks, giving owners peace of mind. The service covers 50+ countries, including the EU, USA, and Australia, making it a cost-effective solution for global brands.