Trademark

A trademark is a word or logo used by one person to distinguish goods or services provided by that person from those provided by another. The interest protected by a trademark is the “goodwill” of the trademark owner and the consumer’s ability to rely on the mark to distinguish the source of goods or services.

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.
September 3, 2020
Photo of a glass, maple-leaf-shaped bottle containing maple syrup.

Learning From Aunt Jemima: Abandoning Offensive Trademarks in Canada

With problematic brands like Aunt Jemima and Uncle Ben being dropped, how can brand owners prevent third parties from hijacking the discontinued marks?
June 4, 2020
Hand in rubber glove holding a spray bottle of bleach

Federal Court of Appeal Confirms New Standard of Review in Trademark Appeals

The Federal Court of Appeal (“FCA”) has clarified how Vavilov's standard of review will apply to decisions made by the Trademarks Opposition Board (“TMOB”).
April 3, 2020
An empty boardroom.

COVID-19: Time Extensions for Patents & Trademarks in North America

In this article, we explain how the intellectual property offices in Canada and the United States are responding to the COVID-19 pandemic.
January 23, 2020
Photo of a judge's golden gavel in court.

How the Supreme Court’s New Standard of Review Will Impact IP

2019 SCC 65, 2019 SCC 66 - The new standard of review will be applied to decisions by the Patent Office, Trademark Office, PAB, and TTAB.