Trade-mark

February 28, 2019
Due care

Official Mark Status Not a Defence in Trademark Infringement Action

2018 FC 971 – FC confirms that government marks are subject to infringement actions
January 11, 2019
Due care

Practical Strategies for Canadian Trademark Applicants from Now until June 17, 2019 when Canada’s new Trademark Law Takes Effect

Strategies for Trademark Applicants from now until the new Trademark Law takes effect in June 2019
December 11, 2018
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CAFC Confirms That Surnames May Be Registered as Trademarks If They Acquired Distinctiveness

Fed. Cir. 2017-1468 – The United States Court of Appeals for the Federal Circuit confirms that surname may be registered as trademark as it acquired distinctiveness.
December 6, 2018
Due care

FC Upholds Registrar’s Decision Refusing Confusing Trademark Registration

2018 FC 951 – The FC reiterates that trademarks will not be registered if they are likely to confuse consumers.
November 27, 2018
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Trademark Variants Must Retain Distinctive Features to Show Use of the Registered Mark

2018 FC 941 – The FC confirms that trademark variants must retain distinctive features to demonstrate “use” of the registered Mark.
November 20, 2018
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USMCA, the new NAFTA: what changes we can expect in Canadian IP Law

USMCA – On September 31, 2018, Canada reached a new agreement with the USA and Mexico – here is an overview.
November 15, 2018
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Canada Will Have New Trademark Law Effective June 17, 2019

Changes coming to Canadian trademark law and the requirement to show use of trademark before registration.
November 13, 2018
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Federal Court Confirms That Use of a Trademark Variant May Demonstrate Use of a Trademark

2018 FC 855 – Federal Court confirms licensee’s use of trademark variant constituted use of registered trademark.
November 2, 2018
Due care

Bill C-86 and Its Impact on Trademark and Patent Prosecution

Bill C-86 – The omnibus bill creates ambiguity in authorized representation before the Patent Office and the Office of the Registrar of Trade-marks.
November 1, 2018
Due care

How Canadian Trademark Law Will be Impacted by Bill C-86

Bill C-86 - an overview on its impacts on Canadian trademark law.