Insights

Protecting Trade Secrets in Canada: Understanding the Current Legal Framework

The Globe and Mail published an article recently calling for Canada to adopt trade secret legislation to provide clear, consistent, and enforceable protection for trade secrets and confidential information across the country. The article…

When Trademarks Fall to Pieces: EUIPO Invalidates Rubik’s Cube Design Trademark

Following a recent decision by the European Union Intellectual Property Office (EUIPO) to invalidate Spin Master’s Rubik’s Cube trademark in the EU, we explore what this means for three-dimensional trademarks in Canada….

Federal Court clarifies the evidentiary burden to satisfy the Bojangles test in trademark oppositions

In 2718971 Ontario Inc. v. Kinde Company Ltd., 2025 FC 1114, the Federal Court considered an appeal from a decision of the Trademarks Opposition Board (the “TMOB”) where the opponent’s primary ground…

BAY DAYS Coming Soon to Canadian Tire?

In a much anticipated $30M deal, the coveted brand assets of Hudson’s Bay Company (HBC) are set to find a new home with another Canadian iconic retailer, Canadian Tire Corporation (CTC). The…

Amendments to Canadian Trademarks Act and Regulations Are No Joke

It may be April Fools’ Day, but the amendments to the Trademarks Act and Regulations coming into force today are no joke. The amendments, which will have a significant impact on trademark…

F—K This Trademark Law

If governments want to restrict the use of commercial profanity, they should be using something other than trademark legislation. The fundamental purposes of trademark legislation are to protect the value in commercial…

Pilot Project to Clear “Deadwood” from Canadian Trademarks Registry

The Trademarks Opposition Board has announced a new pilot project that is catching the attention of trademark practitioners and registered trademark owners in Canada. The project will involve the Registrar of Trademarks…

U.S. Trademark Fees to Increase in 2025. Canadians Should Take Note.

On January 18, 2025, the United States Patent and Trademark Office (the USPTO) will be increasing fees for trademark filings, including for new applications. These trademark fee increases are significant. They will…

Recent Developments in Canadian Trademarks Office Practice

There have been two significant developments in recent weeks relating to the process of obtaining and maintaining trademark registrations in Canada. One of them is proposed changes to procedures before the Trademarks…

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…

Software and copyright: practical pro-active and re-active considerations for business owners

You would be hard-pressed to find a business today that does not depend on software, in one way or another, for business-critical purposes. From common functionality, like word processing and data entry,…

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