Blog
November 27, 2018
2018 FC 941 – The FC confirms that trademark variants must retain distinctive features to demonstrate “use” of the registered Mark.
November 23, 2018
PAB 1453 – The Patent Appeal Board found that Canadian Patent Application No. 2,612,950 for a “system and method for generating real-time indicators in a trading list or portfolio” was obvious, the claims did not define statutory subject matter and were indefinite.
November 20, 2018
USMCA – On September 31, 2018, Canada reached a new agreement with the USA and Mexico – here is an overview.
November 15, 2018
Changes coming to Canadian trademark law and the requirement to show use of trademark before registration.
November 13, 2018
2018 FC 855 – Federal Court confirms licensee’s use of trademark variant constituted use of registered trademark.
November 7, 2018
Fed. Cir. 2017-1977 – The United States Court of Appeals for the Federal Circuit confirms the legal standard for obviousness in patent law.
November 2, 2018
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
Bill C-86 - an overview on its impacts on Canadian trademark law.
October 11, 2018
Canada’s Certificate of Supplementary Protection Regime – an overview a year into its introduction
October 3, 2018
2018 FC 956 – Federal Court confirms legal test applicable for protective orders, overturns Prothonotary's Order.
September 26, 2018
2018 FC 694 – Federal Court confirms that motion for early dismissal will only be granted in the clearest of cases.
September 20, 2018
2018 FC 689 – Federal Court confirms that material facts must be pleaded in order to succeed with defence of prior disclosure.
September 18, 2018
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
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 13, 2018
2018 FC 311 – Pursuant to section 52 of the Patent Act, the FC ordered the variation of the Patent Office Records in relation to Canadian Patent Nos. 2,614,533 and 2,919,266 to rectify a mistake in the name of the legal owner of the patents.
September 11, 2018
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.
August 28, 2018
2017 FC 874 - Aitken Klee disqualified from representing Betser-Zelevitch because one of its partners had acted for Nexen in the same action, while at another law firm.
August 14, 2018
PCK IP is pleased to announce the launch of Canadian Patent Law, 3rd Edition.
July 24, 2018
2018 FCA 36 - The Federal Court of Appeal upheld the Federal Court decision dismissing the application from the Governors of the University of Alberta and Alberta Health Services for judicial review of the Commissioner’s decisions refusing reinstatement of a patent application.
July 10, 2018
2017 FCA 225 - Federal Court of Appeal upheld the trial level decision invalidating Ciba's Canadian patent for obviousness, and elaborated on the obviousness inquiry, endorsing an approach that focuses on construing the claims rather than identifying the inventive concept.