Insights

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…

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”)….

Webscraping and copyright in factual content

On April 15, 2019, Justice Southcott of the Federal Court of Canada issued an order that puts to rest a dispute between the Toronto Real Estate Board (TREB) and website operator MongoHouse…

The “Obituary Piracy Case” and what it means for Canadian copyright law

The Federal Court’s recent decision in the case of Thomson v Afterlife Network Inc. (already known as the “Obituary Piracy case”) is the latest authority on some interesting copyright issues, including: How…

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.”…

Federal Court rules that gripe site infringes United Airlines’ trademarks and copyright

A recent decision of the Federal Court is an important new precedent for determining when the use of others’ intellectual property to criticize their products and services, including through “gripe sites”, becomes…

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