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Canada Brand

Dickinson Wright

Oh, My God (OMG)! – Scandalous Trademarks in Canada (and the US)

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“Scandal is gossip made tedious by morality.”- O Wilde - In crafting Valley of Mother of God Gin, the founders of Foxglove Spirits, Malcolm Roberts and Shelly Perry, drew inspiration from the lush forests and fields...more

Cozen O'Connor

Québec Publishes Final Regulations Under Québec’s Charter of French Language, Broadening the Translation Exemptions for Trademarks...

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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

Smart & Biggar

Canadian Trademark Law 2023: A Year in Review

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2023 was an active year in Canadian trademark law. Canadian Courts addressed a wide range of issues, from licensing to comparative advertising to co-branding.   Notable changes also emerged from the Canadian Trademarks...more

Smart & Biggar

Five New Year resolutions for trademark owners in 2024

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Trying some healthy habits in 2024? Your trademarks want you to do the same! A trademark has value when it is distinct and enforceable. Even registered marks can lose value if proper “trademark hygiene” is not followed...more

Cozen O'Connor

Amendments to the Québec Charter of French Language – What Brand Owners Need to Know

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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

Smart & Biggar

Extensions of time in Oppositions and cancellation proceedings will soon be significantly reduced in Canada

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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

Smart & Biggar

Brand Owners, Get Ready Now: Canadian Trademark Fees Are Going Up in 2024

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Earlier this year, the Canadian Intellectual Property Office (CIPO) announced that it will increase its official fees on January 1, 2024. Earlier this summer, we wrote about the impact on patent fees, which are increasing by...more

Smart & Biggar

Federal Court’s decision in Energizer Brands, LLC v Gillette Company narrows test for depreciation of goodwill in comparative...

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Last week, the Federal Court of Canada issued its long-awaited decision in Energizer Brands, LLC v Gillette Company, 2023 FC 804. The case is noteworthy because it is a “comparative advertising” case, and one of only a few...more

Smart & Biggar

[Ongoing Program] Trademark & copyright enforcement on the internet: Online marketplaces, social media and the web - July 13th,...

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This spring, join our Smart & Biggar trademark experts and gain new insights at our popular Canadian Trademarks webinar series. Each webinar provides practical tips and strategies for global brand protection in Canada, with a...more

Smart & Biggar

[Ongoing Program] Fast track your trademark applications in Canada: Expediting Canadian trademarks examination - June 15th, 12:00...

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This spring, join our Smart & Biggar trademark experts and gain new insights at our popular Canadian Trademarks webinar series. Each webinar provides practical tips and strategies for global brand protection in Canada, with a...more

Smart & Biggar

[Ongoing Program] Contentious trademark proceedings: What brand owners should know about defending and enforcing their rights in...

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This spring, join our Smart & Biggar trademark experts and gain new insights at our popular Canadian Trademarks webinar series. Each webinar provides practical tips and strategies for global brand protection in Canada, with a...more

Smart & Biggar

[Ongoing Program] Branding and French Language Requirements in Québec: Understanding the Recognized Trademark Exception through...

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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

Smart & Biggar

[Ongoing Program] Brands in the Metaverse: Protecting Trademarks & Copyrights Online, in Digital Media, and Beyond - September...

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The Internet has developed into an essential part of virtually every business, from online sales, to software as a service, to online marketing. This has led to a corresponding rise in the type and volume of online IP risks...more

Smart & Biggar

The marking of trademarks in Canada

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Trademark symbols, including ® and TM, and their French counterparts MD and MC, are commonly seen in the Canadian and international marketplaces. While such symbols are easy to recognize, it is important to understand the...more

Smart & Biggar

Place names not registrable trademarks in Canada: New case maps out old territory

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Under the Trademarks Act, a trademark that clearly describes (or deceptively misdescribes) where a good or service comes from often cannot be registered. What then does a “place of origin” encompass – a city? a country? a...more

Smart & Biggar

Canadian Trademark Law 2021: A Year in Review

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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

Smart & Biggar

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

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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

American Conference Institute (ACI)

[Virtual Event] Advertising & Marketing Law - January 19th - 21st, 8:15 am - 1:15 pm EST

Be part of this renowned event which shape the law, policy and proceedings of Canadian advertising and marketing law. Attend the Canadian Institute’s 27th Annual Virtual Conference on Advertising & Marketing Law to delve...more

Smart & Biggar

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

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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

Downs Rachlin Martin PLLC

So You Think You Can Use Your Trademark Outside the US?

Trademarks are among the most valuable assets owned by companies that focus on individual consumers — from breweries to start-up app developers. Trademarks protect brands and can be found in the form of words (COCA COLA),...more

International Lawyers Network

Understanding Trademarks Act Changes

On June 17, 2019, Canada’s Trademarks Act changed, resulting in its modernization. Canada has now joined five international intellectual property treaties, including the Madrid Protocol, Singapore Treaty and Nice Agreement,...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - November 2018

The November 2018 issue of Sterne Kessler's MarkIt to Market® newsletter discusses IP protection for food products, the now-scheduled changes to Canadian trademark laws, and the new gTLD Sunrise Periods. In this issue: ...more

Smart & Biggar

Cannabis takes the next step: new federal regulations

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Canada continues the march towards legal recreational “adult use” cannabis, recently publishing federal regulations affecting producers and others within the thriving industry. These include the Cannabis Regulations,...more

Smart & Biggar

Cannabis Act passes in Canada without controversial amendments

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After an unpredictable few weeks, Bill C-45, the Cannabis Act, received Royal Assent on June 21, 2018, and adult use cannabis will be legal in Canada as of October 17, 2018. Canada will be only the second country in the world...more

Smart & Biggar

Don’t let your brand go to pot (Part II): how cannabis brand owners can cover their “buds” with plant breeders’ rights

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The Canadian federal government is moving quickly towards legalizing the possession and consumption of cannabis for recreational purposes. However, Canada’s cannabis industry is already “overgrown” with many licensed (and...more

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