IP Audits and Due Diligence

Section 45 and use of a trademark with software

Section 45 and use of a trademark with software

A recent decision in a proceeding under section 45 of the Trademarks Act (the “Act”) shows the difficulties inherent in proving use of trademark in association with computer software. The proceeding, Ridout…

Distributor’s bankruptcy does not excuse non-use of trademark

Distributor’s bankruptcy does not excuse non-use of trademark

On May 29, 2019, the Trademarks Opposition Board (TMOB) released its decision in McDougall Gauley LLP v 2001237 Ontario Limited, a section 45 proceeding regarding the trademark TRAX Design (TMA651,790) (the “Mark”)….

Use it or lose it: clearing dead wood from the Trademarks Register

Use it or lose it: clearing dead wood from the Trademarks Register

What can you do when you want to use or register a trademark that someone else has already registered but who, you suspect, is no longer using it? This was the issue…

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