News & Analysis as of

Canada Trademarks Trademark Registration

Dickinson Wright

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

Dickinson Wright on

“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

Blake, Cassels & Graydon LLP

Charte de la langue française du Québec : Les modifications au Règlement sur la langue du commerce et des affaires ont été...

Le 26 juin 2024, le gouvernement du Québec a publié la version modifiée de son règlement relatif à l’application des obligations en matière de langue française dans le contexte du commerce et des affaires. L’édiction du...more

Blake, Cassels & Graydon LLP

Charter of the French Language: Quebec Publishes Amended Regulation

On June 26, 2024, the Quebec government amended its regulation relating to the application of Quebec’s language legislation in the context of commerce and business. The adoption of this Regulation to amend mainly the...more

Cozen O'Connor

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

Cozen O'Connor on

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

Seyfarth Shaw LLP

U.S. Isn’t Everything – The Importance for U.S. Entities to Obtain Trademark Protection Abroad (Yes, that includes Canada)

Seyfarth Shaw LLP on

The author of the lyrics for Canada’s national anthem, “O Canada,” probably didn’t have trademarks in mind when he wrote “we stand on guard for thee.” But a recent trademark infringement win for a Maryland-based U.S....more

Smart & Biggar

You’ve got mail: new (sort of) automated analysis of goods and services for Nice Classification for upcoming trademark...

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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

Bennett Jones LLP

Kissing Registration Goodbye: Deficient Online Survey Evidence Cannot Save Application for SWISSKISS

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Survey evidence can be used in trademark disputes to establish consumer perception and brand power. A recent Federal Court decision provides guidance on factors that may influence the admissibility of online survey evidence....more

Dickinson Wright

Are You Getting Bang for Your Buck with Canadian Trademarks?

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On January 1, 2024, the Canadian Intellectual Property Office (CIPO) introduced significant increases to the government fees it levies on actions before the Canadian Trademarks Office, including fee increases of over 30% for...more

Smart & Biggar

BYOOVIZ is confusing with BEOVU: Federal Court finds violation of Novartis’ trademark rights

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In a decision dated January 24, 2024, Justice Pallotta allowed Novartis’ application, finding that Biogen and Samsung’s use of the trademark BYOOVIZ in association with an ophthalmologic drug violates Novartis’ rights in its...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

French-language requirements in Québec: Publication of the Draft Regulation to amend mainly the Regulation respecting the language...

Smart & Biggar on

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

Smart & Biggar

[Webinar] Canadian Trademark Law 2023: Year in Review - January 30th, 12:00 pm - 1:00 pm ET

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Speakers: Kwan T Loh, Olivier Jean-Lévesque, Nora Labbancz, Reagan Seidler In this webinar, Smart & Biggar's Trademarks team will provide a roundup of Canadian IP law by highlighting some of the most important new laws,...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

The Canadian Trademarks Opposition Board Reduces Deadlines and Available Extensions of Time

Cozen O'Connor on

The Canadian Intellectual Property Office (CIPO) implemented significantly reduced deadlines and more limited extensions of time in trademark opposition and section 45 proceedings. These changes, effective December 1, 2023,...more

Smart & Biggar

Trademark protection in Canada: Pursuing Canadian designations under the Madrid Protocol

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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

International Lawyers Network

Canadian Trademark Fees Increasing in 2024

Canadian brand owners should prepare now for fee increases coming into force in 2024. Overall, fees are set to increase by 20 to 35%. In particular, the government fee for filing a Canadian trademark application is increasing...more

Stikeman Elliott LLP

Deadlines and Extensions of Time Reduced at the Trademarks Opposition Board as of December 1, 2023

Stikeman Elliott LLP on

The Canadian Intellectual Property Office has announced that as of December 1, 2023, updates to the Practice Notices for trademark opposition proceedings and section 45 (non-use cancellation) proceedings will come into...more

Cozen O'Connor

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

Cozen O'Connor on

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

Miller Canfield

This is How We Use It: The Importance of Use in Canadian Trademark Law and Keeping Records of Use

Miller Canfield on

In our previous article, Protecting Your Brand: A Primer on Canadian Trademarks, we touched upon the beginning stages of a trademark application and considerations such as, "Should I register my trademark?" and "Is the...more

Smart & Biggar

[Webinar] Canadian tips under the Madrid Protocol: Unique and unusual issues to consider when pursuing a Canadian designation -...

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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

Dorsey & Whitney LLP

Parlez-vous Francais? New Language Requirements in Effect in Québec in June 2025

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Established through the Charter of the French Language, French is the official language of the Province of Québec. The Charter applies to businesses located in Québec and to other businesses providing services and selling...more

Smart & Biggar

Canadian Trademark Law 2022: Year in Review

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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

Miller Canfield

Protecting Your Brand: A Primer on Canadian Trademarks

Miller Canfield on

​​​​​​​Business owners will occasionally express a desire to protect their brand without much knowledge as to the purpose of a trademark or the intricacies involved in the trademark application process.  What is a...more

Smart & Biggar

Bill 96 and its impact on the French-language requirements in Québec

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The French language holds the status of official language in the province of Québec through the Charter of the French Language (RLRQ c C-11), thus making the use of the French language mandatory in all spheres of public life...more

Smart & Biggar

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

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“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

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