Last week, the Canadian Trademarks Office began issuing “pre-assessment letters” for certain trademark registrations which have never been classified under the Nice Classification system. The Nice Classification system was...more
Canada has emerged as a popular jurisdiction for trademark designations under the Madrid Protocol, a global system facilitating streamlined protection of marks across multiple countries. According to WIPO’s Madrid Yearly...more
Recently the Canadian Trademarks Office announced that extensions of time available in Oppositions and Section 45 (non-use cancellation) proceedings will be significantly reduced as of December 1st. In this article, we look...more
This webinar will highlight Canada-specific issues for those pursuing Canadian designations of international registrations. Our speakers will outline surprising challenges and unexpected issues that can arise with the...more
Earlier this week, we reported upon a new development for accelerating examination of Canadian trademark applications. However, the Trademarks Office has backtracked, imposing the previous, more onerous requirements for...more
The proverbial brand owner’s guidebook became a little bigger in 2022. Developments in practice opened new avenues for securing and enforcing trademark rights over the past year, including an “accelerated” path to trademark...more
“Official marks” are a unique feature of Canadian trademark law. Many trademark owners, even in Canada, are unaware of official marks. Those who are aware, are often unclear about the rights provided and the options available...more
2021 offered many lessons to Canadian trademark owners including: reminders of the challenges of enforcing inherently weak trademarks and the importance and benefits of registering IP rights at the Canadian border. As well,...more
1/27/2022
/ Brand ,
Canada ,
Canadian Intellectual Property Office (CIPO) ,
Copyright ,
Copyright Infringement ,
Corporate Branding ,
Corporate Counsel ,
Intellectual Property Protection ,
Likelihood of Confusion ,
Patents ,
Trademark Infringement ,
Trademark Registration ,
Trademarks
Some foreign brand owners may be surprised to learn that in Canada, when seeking to protect design (or figurative) marks, it is sometimes better to register marks in black and white in cases where the marks would normally be...more
This week, for the first time in more than a decade, the Canadian Trademarks Office announced that it will grant requests for expedited examination of trademark applications. However, expedited examination will be limited to...more
Prior to January 17, 2020, extensions of time were readily available during Canadian trademark prosecution. A single six-month extension could be secured without providing any substantive reasons. Further six-month...more
1/21/2020
/ Administrative Procedure ,
Administrative Proceedings ,
Canada ,
Corporate Counsel ,
Exceptional Case ,
Time Extensions ,
Trademark Application ,
Trademark Cancellation ,
Trademark Examination ,
Trademark Office ,
Trademark Opposition Proceedings ,
Trademarks
In this two-part series, we will discuss important strategies to consider before Canadian trademark law changes on June 17, 2019, including tips that could save you and your clients time and money, now and in the future....more
In this two-part series, we will discuss important strategies to consider before Canadian trademark law changes on June 17, 2019, including tips that could save you and your clients time and money, now and in the...more
2/23/2019
/ Canada ,
Classifications of Goods ,
Corporate Branding ,
Declaration of Use ,
Fashion Branding ,
Filing Fees ,
Goods or Services ,
Intellectual Property Protection ,
New Rules ,
Personal Brands ,
Trademark Application ,
Trademark Registration ,
Trademarks
After years of uncertainty, a date has been finally been set for the implementation of Canada’s new trademark law. The new law will come into force on June 17, 2019.
This date was announced today, with the publication of the...more
Canada is finally completing the last steps necessary for implementing its new trademark law. The changes will be the most significant in 50 years – both procedurally and substantively....more
In Canada, trademarks for pharmaceutical preparations and related products have faced numerous challenges, some of which are unique to the industry. This article will canvas the current issues as well as the important changes...more
10/4/2017
/ Advertising ,
Canada ,
Color Marks ,
Health Canada ,
Medical Devices ,
New Legislation ,
Pharmaceutical Industry ,
Prescription Drugs ,
Sound Marks ,
Trademark Registration ,
Trademarks
As previously reported, Canada’s trademark law will be significantly overhauled. The most recent forecast from the Canadian Intellectual Property Office (CIPO) suggests that the new law will come into force by early 2019....more
As we previously reported, Canada will be significantly changing its trademark law. The anticipated date for the implementation of the new law has been pushed back many times by the Canadian government. The most recent...more
As we reported previously, Canadian trademark law will be significantly changed to adhere to several international treaties. Although the timing of the changes is uncertain, it appears that the changes are likely to come...more