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Cleaning up the Act: Canada's new greenwashing laws

Last year, we discussed the ever-increasing interest in green branding and how marketing claims related to the environment are receiving increased scrutiny by Canadian regulatory authorities. It should therefore come as no...more

It’s official: Options for challenging “official marks” in Canada

“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

[Ongoing Program] Digital Marketing & Advertising: The Legal Side of AI, NFTs, Virtual Influencers and Dark Patterns - October...

The world of digital marketing & advertising is fast-paced and always evolving to adopt the latest technology and capitalize on pop culture trends and new media channels. Join us to learn about the legal aspects of these...more

Two ways to fast-track your Canadian trademark application

Earlier in the year, the Canadian Trademarks Office announced new measures intended to improve delays in the processing of trademark applications. With the time to examination for national applications exceeding three years...more

Like & Follow! What to know when #advertising with #influencers

If a latte is poured without anyone to photograph it, does it make a design? Instagram, TikTok and YouTube are this century’s silver screen. They’re the way people stay in touch, share artistry, and learn about the...more

Playing with Fire? Ambush marketing and the Olympic Games

The Tokyo 2020 Olympic Summer Games officially kick-off today. Taking place a year later than scheduled as a result of the pandemic, and amid no small amount of controversy, the Games will look a little different than...more

Global brand expansion: Why Canadian trademark owners should consider whether international registration is right for them

Until just a few years ago, most Canadian brand owners doing business abroad had limited options for protecting their trademarks outside of Canada. They were obliged to file separate applications in each country of interest,...more

Fast Tracking Canadian Trademark Applications - Trademarks Office Publishes New Practice Notices to Reduce Examination Delays

On Monday, May 3, 2021, the Canadian Trademarks Office published two new Practice Notices with respect to Requests for expedited examination and Measures to improve timeliness in examination intended to improve delays in the...more

True or False? Testing the limits of comparative advertising – Petline v Trupanion

Comparative advertising can be a useful tool for marketers. It positions competing brands against each other and helps consumers make better choices. However, there are legal limits to comparative advertising which are set...more

Yes, CIPO really will be writing to your client instead of to you

If you filed a Madrid application on behalf of your client, and designated Canada, you should have received a “Courtesy Letter” from the Canadian Intellectual Property Office (CIPO) advising you as follows...more

Where is my CIPO mail? What to know about Canadian correspondence for Madrid Applications

A little over a month has passed since Canada acceded to the Madrid Protocol. The moment was historic, with the Canadian Intellectual Property Office (CIPO) being the first office to allow trademark applicants to use the...more

It’s the final countdown: Top 10 changes to Canada’s trademark law on June 17th

After five years of anticipation, sweeping changes to Canada’s trademark law will finally come into force on June 17, 2019. The changes, which are substantial, have been canvassed in previous IP Updates. The following briefly...more

#InfluencerMarketing: What advertisers need to know about disclosure

It has been said that Instagram, YouTube and blogging represent the height of creative self-expression on the Internet. However, if a brand has sponsored an individual’s content, then the claim to self-expression has its...more

No store, no problem: Federal Court’s broad interpretation of “use” an advantage for non-Canadian retail trademark owners

Non-Canadian retailers can breathe a sigh of relief thanks to the Federal Court of Canada’s decision in Dollar General Corporation v 2900319 Canada Inc, 2018 FC 778 (“Dollar General”). The decision reaffirms the Court’s...more

Peering over the neighbours’ fence: key differences in trademark laws between Canada and the U.S.

As trade talks between Canada and the United States dominate the headlines, it is hard to ignore the strong economic ties between these neighbouring nations. For example, the total volume of goods exported from the U.S. in to...more

The Trolls have arrived: Suspicious trademark applications on the rise

In the wake of the 2014 announcement that the Canadian Trademarks Act would undergo significant overhaul, there was much speculation about how the changes would impact the behaviour of those filing trademark applications in...more

Celebrities, personality rights and privacy: what marketers need to know about permission

William Shatner made headlines in November when he took to Twitter to express his displeasure that his name and likeness were used without his permission to promote a condo development in Hamilton, Ontario. The development in...more

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