Insights

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,…

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…

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