Trademark policy establishes the rules across Canada by which trademark owners have the exclusive right to use a word, a personal name, a design, a letter, a numeral, a colour, a figurative element, a three-dimensional shape, a hologram, a moving image, a mode of packaging goods, a sound, a scent, a taste, a texture and the positioning of a sign or a combination of these, in order to distinguish the goods or services of one person or organization from those of others in the marketplace. Rights begin as soon as the mark is used in the course of trade.
The Trademarks Act regulates the adoption and use of trademarks in the marketplace and outlines the procedures for trademark registration. The Trademarks Act also provides protection for geographical indications, defined as indications identifying a wine, spirit, agricultural product, or food as having a quality, reputation or other characteristic essentially attributable to its geographical origin.
Engagement on Geographical Indications
The Government of Canada is reviewing the Geographical Indications (GI) regime to see if it should be expanded to include new types of products, such as crafts and industrial goods.
- Expanding Canada's GI regime could help Canadian products reach more global markets and gain stronger international recognition.
- More Canadians are choosing to "Buy Canadian" and support local businesses. Consumers benefit from GIs because they help them trust that a product is genuine, and not a fake or copy.
- GI protections can help local economies grow. Micro, small and medium-sized businesses can benefit when a region becomes known for making high-quality products. This can help local business growth and development, and create jobs, especially in developing regions.
- We also want to understand how these changes could affect Indigenous knowledge, cultural expressions, and the use of Indigenous place names.
This engagement is an opportunity for producers, consumers, communities and Indigenous Peoples to share their views and help guide future decisions about Canada's GI regime.
Consistent with the United Nations Declaration on the Rights of Indigenous Peoples Act (UNDA) and its Action Plan, particularly measure 101 (APM 101), the Government of Canada is committed to working in consultation and cooperation with Indigenous Peoples to ensure appropriate measures are in place for them to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions.
The engagement is currently open. The government welcomes the perspectives of all Canadians interested in matters related to GIs and their possible expansion.
For more information, visit the Engagement on Geographical Indications page.
Further information
For further information about trademarks, see:
- the Global Affairs Canada section on Trade Negotiations and Agreements;
- the website of the Canadian Intellectual Property Office;
- the websites of the World Intellectual Property Organization and the World Trade Organization.
Trademark policy is the responsibility of the Copyright and Trademark Policy Directorate, which is part of the Marketplace Framework Policy Branch.