Trademark

January 23, 2025

Elevate Your IP Strategy with Communitech’s ElevateIP Program

Communitech’s ElevateIP program provides financial support to Canadian startups to build and manage intellectual property portfolios. Funding can be used for IP strategy development, patent and trademark filings, and commercialization efforts, empowering businesses to drive innovation and unlock growth. Apply now.
December 13, 2024

CIPO Announces Pilot Project for Registrar-Initiated Summary Cancellation Proceedings of Registered Trademarks

Starting January 2025, Trademark owners in Canada are now subject to a new CIPO pilot project where the Registrar may issue Section 45 notices, requiring proof of use for trademarks registered over three years. Ensure your trademarks are protected by maintaining proper records of use.
December 4, 2024

CIPO Trademark Fee Increases Effective January 1, 2025: Key Updates

The Canadian Intellectual Property Office (CIPO) will implement its annual inflation-adjusted fee increases for trademarks under the Service Fees Act. The increase is 4.4%, across the board.
November 29, 2024

Trademark Scam Circulating – CPATA Advises Public Caution

North American businesses are the target of a new trademark phishing scam, prompting a detailed warning from the College of Patent Agents and Trademark Agents (CPATA). To stay protected, always verify the source and avoid responding to suspicious correspondence.
November 22, 2024

USPTO Patent Fee Increases Effective January 19, 2025: What You Need to Know

The USPTO has announced significant changes to its patent fee structure, effective January 19, 2025. Stay ahead by planning strategically to manage costs and filings effectively.
October 17, 2024

Who Owns SUPER HEROES? Why Marvel and DC were Stripped of their Generic Trademarks

Marvel and DC lose ownership of 'super hero' trademarks as USPTO rules the term generic, in the public domain and not exclusive to comic giants.
October 8, 2024

Defining Goods and Services in Canadian Trademark Applications: Requirements and Tips for Applicants

Defining goods and services in Canadian trademark applications requires precision. This guide covers key requirements from the Canadian Intellectual Property Office (CIPO), including using "ordinary commercial terms" and avoiding vague language. By following CIPO’s guidelines and utilizing their Pre-Approved List, applicants can expedite examination, reduce costs, and avoid common issues with trademark applications.
August 26, 2024
a-group-of-buildings-that-are-next-to-each-other

What Brand Owners Need to Know about Trademarks in Québec

Brand and trademark owners who do business in Québec need to be aware of the specific language requirements in the province.
June 5, 2024

Interlocutory Injunction Granted in Outdoor Apparel Trademark Dispute

2024 BCSC 3: The Supreme Court of British Columbia recently granted an interlocutory injunction in a trademark dispute between Arc'teryx Equipment and adidas Canada.
September 27, 2023
Person in a suit using a tablet computer and a calculator to plan a budget for a business.

Navigating the 2024 Fee Increases for Canadian Patents and Trademarks

On January 1, 2024, the Canadian Intellectual Property Office (CIPO) will implement a 25% increase in most government fees for patents and trademarks.
July 13, 2023
Glass of whiskey being poured over ice in a cocktail glass.

U.S. Supreme Court’s Ruff Take on a Trademark Parody

US Supreme Court, No. 22-148: Parodies are generally immune from trademark infringement, but how much can you spoof? Jack Daniels hounded a dog toy company for making a copycat toy.
June 19, 2023
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Three Factors for Protecting Canadian Innovation

Canadians are recognized as strong innovators and entrepreneurs, and yet we are also seen as laggards when it comes to protecting intellectual property (IP).
February 9, 2023
Side view of a gray housecat's head against a plain gray background.

FCA Upholds Refusal to Grant “procat” Trademark

2023 FCA 4: The prefix "pro" did little to make Puma's "procat" mark distinctive over Caterpillar's CAT & Triangle Design.
April 20, 2022
Photograph of a doctor holding out small white pills

Data Protections Once Again Prevent Médunik From Launching Pediatric Drug

The Federal Court disagreed with Health Canada's interpretation of data protection regulations, once again reversing approval of pediatric drug RUZURGI.
April 11, 2022
Photograph of a beer tap in a bar showing the brewer's trademark on the label.

Cowbells Brewing Taps Out: Ontario Brewer Denied Rights to Bell Trademark

New trademark registrations can be opposed by business owners who are concerned that the mark would cause confusion with their own registered trademark.
December 29, 2021
Photograph of the "ZARA" trademark in a sign above a Zara storefront.

Trademark Opposition by Fashion Giant ZARA Remitted to Federal Court

The Federal Court of Appeal held that the trial judge cannot intervene in a trademark opposition decision in the absence of any errors by the Board.
November 3, 2021
A woman sits on a pink suitcase in an airport.

Supreme Court Refuses to Hear Appeal in Luggage Trademark Dispute

SCC #39576: Earlier this year, Travelway filed for leave to appeal with the Supreme Court of Canada over a trademark dispute with Wenger, the makers of Swiss Gear.
October 18, 2021
Photo of a yellow Caterpillar-brand bulldozer against a snowy backdrop.

Caterpillar Scratches Back: Puma Loses Bid to Register ‘procat’ Mark

2021 FC 974: The Federal Court concluded that Puma’s use of procat would likely cause confusion with heavy equipment manufacturer Caterpillar Inc.’s ‘CAT’ trademark.
December 18, 2020
Photograph of a man holding a passport with leather luggage on the ground at his feet.

Less Baggage: Trademark Registration Later Expunged Will Not Be Liable for Prior Damages

2020 FCA 210: Court held that parties are not entitled to damages or an accounting of profits following the expungement of an infringing trademark.
November 9, 2020
Electricity powering a lightbulb on a black background.

Official Marks Not Immune to Infringement Claims

SCC 39144 : Supreme Court of Canada confirms an appellate ruling which found that, while official marks cannot eliminate rights under prior registrations.