Use

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.
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.
July 19, 2019
Online shopping, keyboard

Ontario Court Backs American Decision to Penalize Online Counterfeiter

Dead End Survival, LLC v  Marhasin (2019 ONSC 3453) In the era of online shopping, it is easier than ever for counterfeiters to distribute fake consumer […]
April 10, 2019

Trademark Expungement: Insufficient Evidence of Use and Lack of Dominant Feature

2018 FC 1261 - Trademarks expunged for lack of evidence establishing use, and for using deviants without the dominant features of the trademark design.
April 9, 2019

FCA Confirms Test To Admit New Evidence on Appeal From TMOB

2019 FCA 63 - FCA confirms long standing test for admission of new evidence in judicial review of TMOB decision.
November 27, 2018

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 15, 2018

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.