Trademark

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…

Organic Kids Catering & design trademark rejected for (mis)descriptiveness

The Trademarks Opposition Board (the “TMOB”) has rejected an application to register a logo including the words “Organic Kids Catering” and images of children and vegetables, finding that it clearly describes (or…

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”)….

100 Day Countdown to Canada’s New Trademarks Regime: A Brand-owners’ Guide

We are nearly 100 days away from the June 17, 2019 coming-into-force (or “CIF”) date for the significant amendments to Canada’s Trademarks Act. The amendments are primarily designed to ratify and implement…

New amendments to Trademarks Act will help prevent trademark trolls

Bill C-86, the omnibus legislation introduced by the federal government on October 29, 2018, includes some notable amendments to the Trademarks Act, including amendments that will help prevent trademark “trolls”. The new…

Trademarks and the Federal Government’s IP Strategy

Back in April, the federal government committed $85.3 million over five years “to help Canadian businesses, creators, entrepreneurs and innovators understand, protect and access intellectual property (IP) through a comprehensive IP Strategy.”…

Protecting Your Trade-Mark Rights: Police Them or Lose Them

Our friends at Ink Tank posted a great blog the other day about how other businesses can “tread” on your brand – knowingly or not – from “borrowing” distinctive elements of your brand, to unwelcome parodying…

Supreme Court ‘Equusteks’ it to online trademark infringers

This post concerns one of the two recent landmark decisions from the Supreme Court of Canada concerning territorial commercial interests on the borderless Internet. In Google Inc. v. Equustek Solutions Inc. 2017 SCC 34,…

GOOGLE: Still a trademark

Looking for the city’s most popular restaurant? Google it! Need to confirm a historical fact? Google it! Doubt as to directions? Google it! The act of “googling” has become common place and…

Trademark provisions under the new Cannabis Act

The federal government’s recently tabled Cannabis Act (Bill C-45) – which will legalize the recreational use of cannabis in Canada –will affect, in one way or another, a wide variety of existing regulatory regimes,…

Interlocutory injunctions in trademark cases – two recent decisions with different results

February saw two notable decisions from Canadian courts on motions for interlocutory injunctions in trademark infringement cases. The Federal Court’s decision in Sleep Country Canada Inc. v. Sears Canada Inc., 2017 FC 148…

Online Trademark Infringement – The Return of “Initial Interest Confusion”

The doctrine of “initial interest confusion” has again surfaced in Canada, and once again in the context of online advertising, confusing domain names and passing off (common-law trademark infringement). We’ve been tracking…

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