2024 has been a busy year in all intellectual property. It has been especially busy in trademark law. Here are the top seven cases in trademark law to date....more
This post summarizes a newly published regulation (the “Amended Regulation”) amending the Québec Charter of the French Language (“Charter”) and the Regulation respecting the language of commerce and business in key areas such...more
On June 26, 2024, the Province of Québec released the long-awaited final amendments to the Regulation respecting the language of commerce and business (Regulation), which amend multiple French-language requirements, including...more
The beauty industry is ever changing, and makeup trends and viral product releases can drastically increase a company’s profits. However, without proper legal protection, competitors can quickly replicate a product, eating...more
The Quebec Charter of the French Language (the “Charter”) was adopted nearly 50 years ago to protect the status of the French language in the province of Quebec. It includes many rules, several of them directed at the...more
Amendments to the Charter of French Language (Charter) scheduled to come into force on June 1, 2025 will have major implications on trademark owners doing business in Quebec, Canada. This doesn’t just impact Canadian...more
On January 10, 2024, the Regulation to amend mainly the Regulation respecting the language of commerce and business (Draft Regulation) was published in the Gazette Officielle du Québec. The Draft Regulation was eagerly...more
The exclusive right to use the trademark "DUELER" enjoyed by Bridgestone Corporation shall be protected by law. According to the product brochure of Bridgestone Corporation, the trademark is used on its off-road vehicle...more
When the text, graphics, colors and arrangement and combinations attached to the goods or their packaging can distinguish the source of the goods, it constitutes the packaging and decoration with certain influence protected...more
Our Doing Business in Québec guide provides an overview of the legal framework governing Canadian business operations in the province of Québec. This guide provides up-to-date information about the following topics: •...more
On May 13, 2021, the Québec government introduced Bill 96, An Act respecting French, the official and common language of Québec (the Bill), proposing significant amendments to Québec’s Charter of the French Language (the...more
What is the difference between a traditional trademark and trade dress protection? Traditional Trademarks - According to the USPTO - A trademark can be any word, phrase, symbol, design, or a combination of these things...more
The shape of a building can be registered as inherently distinctive trade dress in the United States – if it is distinctive and unusual for buildings of that type – holds the U.S. Patent and Trademark Office Trademark Trial...more
In this webinar, our speakers will discuss the recent amendments to the French language requirements in Québec and touch on how they apply to product markings, promotion, and advertisements, plus practical tips on how to take...more
Your products and product designs are the life blood of your business. However, many companies don’t think about protecting their creative product designs, and product packaging with intellectual property registrations. This...more
In two recent landmark decisions, Novartis v. Abacus (C‑147/20) and Bayer v. kohlpharma (C-204/20), the Court of Justice of the European Union (CJEU) strengthened the position of drug manufacturers against repackaging...more
Article 4 of the Trademark Law stipulates that "the use of the trademark referred to in this Law refers to the use of the trademark on goods, goods packaging or containers and goods transaction documents, or the use of the...more
Post-pandemic, food and beverage companies must now navigate a recessionary environment and runaway inflation. Thus, building, maintaining, and enforcing strong brands are more important than ever if a company is to maintain...more
Most people think of a “trademark” as a word or a logo. But, what is a “trademark?” can be a surprisingly complicated question and by far supersedes most people’s imagination....more
Since Article 8 of the Trademark Law of China (2001) stipulates that a three-dimensional sign can be filed for registration as a trademark, three-dimensional sign trademarks (also known as the “three-dimensional trademarks”)...more
In this webinar, our speakers will discuss the French language requirements in Québec as they apply to product markings, promotion, and advertisement, with practical tips on how to take advantage of the “recognized trademark”...more
Proposed in May 2021 and adopted on May 25, 2022, Bill 96 amends the Charter of the French Language (the “Charter”) – the statute governing the use of French as the language of business in the province of Quebec, including...more
Like the United States, China offers protection for 2D and 3D designs of products and packaging, which is often known by U.S. consumers and practitioners as “trade dress.” This four-part miniseries of posts provides a...more
In addition to the regulatory requirements imposed on beer labels, as discussed in the Anatomy of a Beer Label: Part I on COLAs, and the intellectual property protection offered by trademarks, as discussed in the Anatomy of a...more
Brands have long struggled to protect product and packaging designs from competitors and copycats seeking to trade on their looks. But even after committing significant resources to creating a design that will resonate with...more