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Corporate Branding Canada

Miller Canfield

Protecting Your Brand: A Primer on Canadian Trademarks

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​​​​​​​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

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

Trademark troll loses registration after appropriating well-known mark

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The Federal Court of Canada, in a May 2022 decision,1 has ordered a B.C. man’s trademark registration to be expunged for “bad faith” after finding it was filed solely for the purpose of resale. This is the first decision in...more

Smart & Biggar

Amendments to the Charter of the French language

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Since it was introduced in May 2021, a lot of ink has been spilled, to say the least, over Bill 96, which seeks to reinforce the provisions of the Charter of the French Language (the “Charter”).   Smart & Biggar’s...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

Two ways to fast-track your Canadian trademark application

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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

Smart & Biggar

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

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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

Smart & Biggar

Playing with Fire? Ambush marketing and the Olympic Games

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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

Smart & Biggar

Federal Court finds Subway’s trademark rights infringed by cannabis retailer that adopted “Budway” parody mark

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Earlier this month, the Federal Court issued its decision in Subway IP LLC v Budway, Cannabis & Wellness Store, 2021 FC 583, a case involving a cannabis retailer that knowingly adopted a parody mark in connection with its...more

Smart & Biggar

Bill 96 and proposed reforms to the Charter of the French language in Québec

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On May 13, 2021, the government of Québec introduced Bill 96 with an intent to “strengthen” the provisions in the Charter of the French language (the French Charter). We do not know whether Bill 96 will be adopted and, if so,...more

Smart & Biggar

French Language Requirements in Québec: Part 8 - The cost of violating the French language requirements in the province of Québec

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Important Notice: On May 13, 2021, the Québec government tabled Bill 96 which aims to better protect the French language in the Province of Québec. While the contents of our firm’s French Language Requirements in Québec...more

Smart & Biggar

The advantages of black & white when filing Canadian trademark applications

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Some foreign brand owners may be surprised to learn that in Canada, when seeking to protect design (or figurative) marks, it is sometimes better to register marks in black and white in cases where the marks would normally be...more

Smart & Biggar

French language requirements in Québec: A "recognized trademark" displayed outside a building

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Important Notice: The Québec government has announced its intention to modify the French Charter in order to better protect the French language in Québec. We do not know precisely when these changes will come into force, nor...more

Smart & Biggar

French language requirements in Québec: Part 3 – Language used in commercial publications, including websites and social media

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This third article of the French language requirements in Québec series will address the French language requirements for commercial publications. For an introduction to the Charter of the French language (R.S.Q. c. C-11)...more

Smart & Biggar

Why you should designate Canada – and a Canadian agent – in your next Madrid application

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A little over a year has passed since Canada overhauled its trademark legislation and acceded to the Madrid Protocol, making it easier than ever to protect trademark rights in Canada. In this IP Update, we explore some of...more

Smart & Biggar

Co-branding: One product, two trademarks – who has the rights?

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Co-branding is usually understood as the use of two or more trademarks on a single product, each mark belonging to a different owner and pointing to a different source. A common example of co-branding is a brand A car with...more

Smart & Biggar

French Language law in Canada: Part 2 – Inscriptions on products and accompanying documentation

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The French language holds status of official language in Québec through the Charter of the French Language (R.S.Q. c. C-11) (the French Charter). In a continued examination of the French language requirements for commerce and...more

Smart & Biggar

French language law in Canada: Part 1 - An introduction

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The Charter of the French language (R.S.Q. c. C-11) (the French Charter) was adopted in 1977 by the Québec government to protect the French language. The French Charter gives the French language the status of official...more

Smart & Biggar

Not all pun and games: Federal Court not amused with cannabis company’s brand parody

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In a recent decision of Canada’s Federal Court illustrates the danger of adopting a mark or name “inspired” by a famous or well-known brand, even when confusion is unlikely. The decision is a cautionary tale, particularly for...more

Haug Partners LLP

Global Developments and Considerations for Registering Cannabis and Cannabis-Related Trademarks

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This article discusses the global developments for the registration of cannabis and cannabis-related trademarks in the United States, Canada, Mexico, and the European Union....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

Smart & Biggar

5 reasons why Canada is an attractive jurisdiction for trademark litigation

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Brand owners looking to enforce their rights expeditiously (and inexpensively) need look no further than Canada, which offers brand owners a number of tools to obtain relief against infringers and counterfeiters in a...more

Smart & Biggar

Preparing a trademark strategy: 5 considerations for start-ups

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Most entrepreneurs have a general understanding that trademarks are good for business. However, many overlook the importance of having a trademark strategy in place. Simply put, a trademark can be a unique combination of...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

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