Trade-mark

November 2, 2018
obviousness

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
obviousness

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

Bill C-86 - an overview on its impacts on Canadian trademark law.
September 18, 2018
obviousness

Brick-and-Mortar Hotel Not Necessary to Establish Use of Trademark in Association With “Hotel Services” in Canada

2018 FC 895 – Federal Court confirms that the term “services” must be interpreted liberally; confirms that brick and mortar hotel not needed in Canada to establish use of trademark.
September 18, 2018
obviousness

The Scope of the Term “Services” in Association with a Trademark Revisited by the Federal Court

2018 FC 778 – Canada’s Federal Court confirms that foreign corporations do not need to have a brick-and-mortar store in Canada to establish use of their mark in association with services.
September 11, 2018
obviousness

Federal Court Allows New Evidence Pursuant to Section 56 of Trade-marks Act, Allows Appeal

2018 FC 853 - The Federal Court allowed Swatch AG’s appeal of a decision of the Registrar of Trade-marks allowing Hudson Watch Inc’s opposition to Swatch’s registration of its “iSWATCH” mark.
February 23, 2018
obviousness

Five Reasons Why Men (Yes, Men) Should Join the IPO Women in IP Committee

Andrew Currier, CEO of Perry + Currier Inc. offers five reasons why men should join the IPO Women in IP Committee.
November 28, 2017
obviousness

CIRA Gives Notorious Cybersquatters the Heave-ho

CIRA 344 - CIRA granted Virox its request to have the domain virox.ca transferred from Nameshield to itself, based on the domain being confusingly similar to Virox’s trademarks, Nameshield having registered the domain in bad faith and Nameshield having no legitimate interest in the domain.
November 21, 2017
obviousness

Federal Court of Appeal rummages for the truth in Swiss luggage trademarks decision

2017 FCA 215 - The FCA found that trademarks owned by Travelway were confusingly similar to, and passing off on, trademarks owned by Wenger. The FCA's finding reversed a prior decision of the FC.
October 3, 2017
Federal Court Section 7

Federal Court dismisses Section 7(a) Trade-marks Act claim over lack of causal link

2016 FC 986 - The FC dismissed Supertek's claim that Mishan engaged in conduct contrary to Section 7(a) of the Trade-marks Act, in relation to a Canadian patent.
September 27, 2017

Room for doubt?

CIPO has provided some insight to efforts in advance of the implementation of changes to the Canadian trademark system. The actions are comforting even if the statistics suggest there may be cause for concern in respect of recent Examination quality.