Trademark

Trademarks Opposition Board Decision Highlights Delays in the Application Process

In its recent decision in 2718971 Ontario Inc. v Kinde Company Ltd., the Trademarks Opposition Board (the “TMOB”) dealt with an unusual set of facts that arose largely because of the lengthy…

Important Considerations for Canadians Filing U.S. Trademark Applications

The trademark application process in the United States is similar to the process in Canada, but there are some notable differences and important considerations to be mindful of to ensure you can…

CIPO Trademark Fees To Increase

Trademark Fees increasing as of January 1, 2024 If you’ve been considering whether to proceed with filing new applications for trademarks, renewing an existing registration, or reviewing your trademark portfolio, it might…

Procedural express lanes in IP litigation

Intellectual property infringement actions in the Federal Court of Canada (where most copyright and trademark litigation takes place) and Ontario courts can take years to resolve. Fortunately, these courts offer multiple options…

The ins and outs of the use it or lose it principle of trademark law

In Vass v Leef Inc., the Federal Court recently considered whether the owner of a registered trademark had provided sufficient evidence of use of its trademark to maintain the registration. Shift Law’s…

Ownership Rights in Domain Names

In the Internet age, domain names are valuable intangible assets. And in the event of a business break-up or dispute, who owns a business’ domain name can be a hotly-contested issue. A…

Milano Pizza – The Importance of Proper Trademark Licenses

The Federal Court recently granted an order declaring a trademark registration for MILANO PIZZERIA to be invalid in Milano Pizza Ltd. v. 6034799 Canada Inc. This is a cautionary tale for licensors…

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…

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