Canadian Trademark Law Updates
This article reviews material developments in Canadian legislation, case law and practice in the area of trademarks in 2019. All references in this article to ... Continued
Copyright or Trademark Protection? Sometimes, It’s Both.
In general parlance the terms “copyright”, “trademark”, and “patent” are often incorrectly interchanged, much to the chagrin of IP practitioners. While all three types of ... Continued
Are Injunctions Now Easier to Obtain in Canada?
Since the mid-1990s, brand owners in Canada have considered that their chances of obtaining interlocutory injunctions for trademark infringement at the Federal Court of Canada ... Continued
Canadian Trademarks: Year in Review 2016
Once again in 2016 there has been no progress to bring into force the significant amendments passed in 2014 to the Trade-marks Act, R.S.C. 1985, ... Continued
Federal Court of Appeal considers “special circumstances” in appeal of trademark expungement
Federal Court of Appeal considers “special circumstances” in appeal of trade-mark expungement
Save the Date: the Importance of the Date of First Use in Canadian Trademark Applications (for now)
A recent decision of the Canadian Trademarks Opposition Board, Constellation Brands Québec Inc. c Sociedad Vinícola Miguel Torres, S.A., 2016 TMOB 4 (“Miguel Torres”), serves as ... Continued
Location Matters: The Perils of Geographic Names as Trademarks
When choosing a trade or business name it may seem like a good idea to incorporate the location of your business into the name. There ... Continued
Implementation of Trademarks Act amendments pushed back to 2018
Since the Canadian Government announced massive changes to the Canadian Trademarks Act (the “Act”) in 2014, practitioners and other stakeholders in the trademark space have ... Continued
Canadian Intellectual Property Office posts proposed amendments to Trademarks Regulations
CIPO posts proposed amendments to Trade-marks Regulations
Cigars and Alcohol: Confusing Trademarks
Cigars and alcohol were held to be confusing trademarks in a Federal Court appeal of a TMOB decision over the COHIBA mark versus the LAZARO COHIBA mark
Bodum: Appeal Court Affirms Trademark Distinctiveness Analysis
FCA affirmed the Federal Court’s trade-mark distinctiveness analysis in Bodum v. Meyer case
MACDIMSUM: Challenging a Family of Marks
In Cheah v. McDonald’s Corporation, the Federal Court of Canada held that MACDIMSUM is likely to be confusing with the MacDonald’s family of trademarks. Focusing ... Continued