This is the first case in Canada which expressly addresses an invalidity ground in the context of amendments made subsequent to the initial filing date, to claim foreign use and registration abroad. This decision confirms that as long as the claims are true at the time they are made, a registration will not be invalidated based on that practice.However, and more significantly, Canada is headed towards a more simplified registration process. Numerous amendments to the Trade-marks Act have been passed by parliament although they have yet to be proclaimed into force. The amendments will remove the filing basis of use and registration abroad as well as procedural filing requirements such as the need for applicants to identify a date of first use of the mark in Canada or state that the mark is filed on a proposed use basis.
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