Trademark

The Importance of Pleading Properly in Trademark and Copyright Cases

A recent decision of the Federal Court serves as a clear reminder of the importance of pleading, with sufficient detail, all of the necessary facts to sustain or defend a trademark infringement…

Tutoring Aids, Course Packs and Copyright in Educational Resources

UofT and three professors recently sued a purveyor of tutoring materials called Easy EDU for allegedly copying course materials and including them in its “course packs”. Anyone who engages in selling tutoring…

The Complete Guide to Protecting Your Trademark on Amazon

For many businesses, selling their products on Amazon is a great way to boost sales and to get their brand in front of a wider audience. However, the added exposure is not without…

New Measures for Expedited and Timelier Trademark Examination in Canada

With the increasingly lengthy timelines for the Canadian Trademarks Office (“CIPO”) to examine new trademark applications – now approaching almost 32 months in some cases – CIPO has published two new Practice…

Government Fees to Increase for US Trademarks

Effective January 2, 2021, the US Patent and Trademarks Office (“USPTO”) will be increasing a number of its fees for new US trademark applications, US trademark registration maintenance filings, and US cancellation…

Trademark Infringement and Interlocutory Injunctions

We recently wrote about TFI Foods Ltd. v. Every Green International Inc. where the Federal Court granted an interlocutory injunction in a trademark infringement and passing off case. But, as we noted…

Falsely claiming to be an “exclusive distributor” may infringe manufacturer’s trademark rights

The Federal Court granted a rare interlocutory injunction recently, in TFI Foods Ltd. v. Every Green International Inc., against a seller of packaged foods who put stickers on products claiming, falsely, that…

Policing Trademark Rights during a Pandemic

In our last blogpost, we discussed some specific steps that trademark owners can take during the COVID-19 pandemic to maintain their trademark rights. Here, we look at the implications of COVID-19 on…

Maintaining Trademark Rights in a Pandemic

The ongoing COVID-19 pandemic has forced many businesses in Canada and abroad to shut down temporarily or to transition into new product offerings. In circumstances such as these, it is important for…

Divisional Trademark Applications

On June 17, 2019, changes to Canada’s Trademarks Act came into effect, including the introduction of so-called divisional trademark applications. Seven months later on January 17, 2020, the Canadian Intellectual Property Office…

Business break-ups and trademark rights

In the absence of a written agreement, who owns and who gets to use the trademarks of a joint venture after the parties to the joint venture break up? That was the…

Latest New Policies from CIPO in Trademark Registration Process

From start to finish, the process of registering a trademark in Canada typically takes approximately 18 to 24 months. However, factors such as increased volume due in part to the legalization of…

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