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Canada Trademarks Trademark Act

Smart & Biggar

Official marks in Canada: a unique system with notable flaws

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Formally known as prohibited marks, official marks are a distinctive feature of Canadian trademark law, providing government entities with an exclusive and powerful tool to protect their marks, symbols and emblems. Private...more

Smart & Biggar

How to slice through trademark challenges: Key takeaways for proper trademark licensing

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Licensing trademarks in Canada can be beneficial to a trademark owner when done properly, including providing a potentially powerful source of revenue. However, without careful drafting and management of the license, things...more

Stikeman Elliott LLP

Powering-down Use of Registered Trademarks in Comparative Advertising

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Section 22 of the Canadian Trademarks Act prohibits the use of a registered trademark “in a manner that is likely to have the effect of depreciating the value of the goodwill attaching thereto”....more

International Lawyers Network

Trademark Use: No Need For A "Bricks And Mortar" Presence In Canada

“Use it or lose it” is a staple expression known to Canadian trademark lawyers. Once a business successfully registers a trademark in Canada, it must “use” its registered mark in Canada or it may lose the protections provided...more

Smart & Biggar

Federal Court of Appeal does not disturb lower court’s finding of 'use' for hotel services

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In a highly anticipated decision, the Federal Court of Appeal recently held that a trademark owner could demonstrate “use” of a trademark in Canada in association with “hotel services” in the absence of a brick-and-mortar...more

Smart & Biggar

Year-end Round-up: Notable Trademark Case Law From 2018

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There were many interesting trademark cases coming out of 2018, a few of which are discussed below. The scope of Canada’s anti-dilution remedy (section 22 of the Trademarks Act) is not limited to a defendant’s use of a...more

Sunstein LLP

January 2019 IP Update - Big Changes to Canada’s Trademark Laws

Sunstein LLP on

Canada plans to implement major changes to its trademark laws on June 17, 2019. The changes are designed to modernize the current system and bring Canada’s quirky practices into greater international alignment. We provide an...more

Dorsey & Whitney LLP

Practice Update: Amendments to Canada Trademark Law to Take Effect June 17, 2019

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The long awaited date for implementation of Canada’s amended Trademarks Act has been announced. The amendments will come into force on June 17, 2019, creating significant changes for trademark practice in Canada....more

Blake, Cassels & Graydon LLP

IP Q&A: How to Navigate Canada’s Official Marks System

Running parallel to Canada’s trade-mark system is another regime for “official marks”. The official mark regime is exclusive to public authorities such as utilities, broadcasters, hospitals and the like that are subject to...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

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

MarkIt to Market® - February 2018

The February 2018 issue of Sterne Kessler's MarkIt to Market® discusses changes to Canadian trademark law, Federal Trade Commission versus California state rules for the "Made in the USA" designator, and lists the new gTLD...more

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

MarkIt to Market - April 2014

The April issue of Sterne Kessler's MarkIt to MarketTM newsletter contains a cautionary tale regarding use of social media, a clarified test for false advertising standing, updates to Canada's Trade-marks Act, and an updated...more

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