The New Nontraditional Marks in Canada: What Are They and How Do You Protect Them?

Recorded On: 04/10/2019

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On June 17, 2019, Canadian trademark law will be overhauled. Among the significant changes will be that Canada will begin allowing trademark registrations to protect virtually anything that can function as a trademark, including smell, taste, and color per se. 

During this webcast, learn which non-traditional marks can be protected and which cannot. Learn how to protect these new types of marks, and discover both the best practices for protection and the pitfalls to avoid.

CLE credit now available. Please email for more information.

Jason Robertson

Policy Analyst, Trademarks Branch, Canadian Intellectual Property Office

Jason Robertson is a Policy Analyst in the Policy & Legislation section of the Trade-marks Branch at CIPO.  Jason started at CIPO in 2001 as a Trademarks Examiner and soon became interested in non-traditional trademarks and reviewing evidence of acquired distinctiveness. After several job moves within the organization, and a stint as an Examiner at the Intellectual Property Office of New Zealand in 2010, he worked on the development of the new Trademarks Act and Regulations as a Policy Analyst.

Philip Lapin

Partner, Smart & Biggar

Philip is a partner at Smart & Biggar and chairs the firm’s Trademark Operations Group.  More than 20 years of experience and a high rate of success has earned Philip recognition as one of Canada’s leading trademark lawyers.  Philip manages and provides strategic advice on trademark portfolios for many Canadian and multinational corporations. He has handled the clearance, prosecution and registration of thousands of trademarks and has particular expertise in trademark opposition and cancellation proceedings before the Trademarks Office.  Philip also has a particular interest in nontraditional marks and is a member of the INTA’s Non-Traditional Marks Committee.

CLE for the following states have been approved and a certificate of attendance is available for download:

  • Nevada
  • Ohio
  • Virginia

Additional states will be added as they are approved. Please email with any questions.


04/10/2019 at 12:00 PM (EDT)  |  Recorded On: 04/10/2019
04/10/2019 at 12:00 PM (EDT)  |  Recorded On: 04/10/2019
Up to 1.25 CLE credits available  |  Certificate available
Up to 1.25 CLE credits available  |  Certificate available