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Trademarks › Trademarks Act

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
International Lawyers Network

Important Amendments to Canadian Trademark Regulations

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On June 8, 2024, proposed amendments to Canada’s Trademarks Regulations were published in the Canada Gazette. The public consultation period is open until July 8, 2024, and comments will be posted on the Canada Gazette...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

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

Trademarks in 2020: Notable Canadian trademark cases and developments

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There were several notable trademark cases in Canada in 2020, including those addressing comparative advertising, depreciation of goodwill, brand parody, trademark ‘use’ in the absence of a brick-and-mortar location, and...more

Faegre Drinker Biddle & Reath LLP

U.S. Parties Seeking to Register Their Marks in Canada Currently Face Increased Delays and Added Potential Bars to Registration

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O Canada. Ohhh, Canada! – Delays and Restrictions on Trademark Registrations - With the assistance of local Canadian counsel, we frequently assist U.S. parties that use their marks in Canada to pursue registrations for their...more

International Lawyers Network

Generic.com — Registrable In Canada?

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The U.S. Supreme Court recently confirmed that a “generic.com” term may be eligible for federal trademark registration in the U.S., in certain circumstances. We will review the relevant decisions, discuss the Canadian legal...more

International Lawyers Network

Businesses Beware: Depreciation in Goodwill Claims Not Bound By Industry Lines

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The Federal Court of Canada (the “FCTD“) recently released Toys “R” Us (Canada) Ltd v Herbs “R” Us Wellness Society, in which it considered whether a cannabis company, Herbs “R” Us Wellness Society (“Herbs R Us“), had...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

Smart & Biggar

Whether or not there’s a will, there’s still a way to infringers’ profits in Canadian trademark litigation

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Late last month, in a landmark decision heralded by brand owners, the U.S. Supreme Court ruled in Romag Fasteners, Inc v Fossil Group, Inc that a plaintiff in a trademark infringement suit is not required to show that a...more

Smart & Biggar

The fight over depreciation of goodwill in Canada keeps going and going …

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While comparative advertising can be an effective tool for comparing and contrasting competing brands, there are limits on what claims can lawfully be made. One such limit is provided by Section 22 of the Trademarks Act,...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

What the amendments to the USMCA mean for Canadian IP law

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On December 10, 2019, Canada, the United States and Mexico signed the Protocol of Amendment to the Agreement between the United States of America, the United Mexican States and Canada (commonly referred to as the USMCA). The...more

Smart & Biggar

A long and winding road: Canada nears the end of an ambitious project to modernize patent, trademark and industrial design laws

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On July 30, 2019, Canada acceded to the Patent Law Treaty. This accession marks the near completion of a long and ambitious journey by Canada to modernize its patent, trademark and industrial design laws and to harmonize...more

Seyfarth Shaw LLP

New Amendment to Chinese Trademark Law Seeks to Combat “Bad Faith” Filers

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Seyfarth Synopsis: On April 23, 2019, the 10th Session of the Standing Committee of the 13th National People’s Congress in China (NPC) amended the Chinese Trademark Law. The changes are intended to combat the problem of...more

Smart & Biggar

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

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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

Smart & Biggar

Nice Classification with a trap – Canada introduces “class top-up” fees with no back door

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With the long awaited changes to the Canadian Trademarks Act and Regulations just around the corner, brand owners should be excited about Canada’s alignment with international trademark standards and the new opportunities...more

Smart & Biggar

Trademarks in Canada: A year of change and global harmony

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2018 was an exciting year for the trademarks profession in Canada. The long awaited changes to our Trademarks Act were announced, many of which will bring us in line this year with the rest of the world. There will also be a...more

Smart & Biggar

What’s in a name? Canada may have just made it more difficult to register name and surname marks

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The Canadian Intellectual Property Office has recently revised its Practice Notice regarding name and surname objections....more

International Lawyers Network

New Trademark Laws – Canada | Part I

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June 17, 2019 is the big day – a day anticipated since 2014. The major changes to the Canadian Trademarks Act will be implemented on this day. What does this mean for trademark owners?...more

Lathrop GPM

New Canadian Trademark Rules Go Into Effect June 17, 2019

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The Canadian Intellectual Property Office has issued new Trademark Regulations that will go into effect on June 17, 2019. These new regulations implement significant amendments in the Canadian Trademarks Act adopted by the...more

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

MarkIt to Market® - November 2018

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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

Canada’s Anti-Dilution Remedy is Not Limited to Registered Trademarks: The bunny keeps going… and going… and going

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Section 22 of the Canadian Trademarks Act, depreciation of a registered trademark’s goodwill, is a potentially powerful yet generally under-utilized weapon for dealing with damaging comparative advertising campaigns. In the...more

Smart & Biggar

The Trolls have arrived: Suspicious trademark applications on the rise

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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

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

Changes to Canadian Trademark Law, Eh?

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Those of us with clients who do business in Canada have been watching with interest as Canada prepares to implement significant changes to its trademark laws. The new Trademarks Act (no more Trade-hyphen- marks!) was enacted...more

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