Canada: Trademark

The Trademarks Opposition Board's recent ruling in Therrien Couture Joli-coeur v Oldcastle Building Products clarifies the evidentiary standards trademark owners must meet when responding to section 45 notices under Canada's Trademarks Act. This decision highlights critical distinctions between evidence of actual transfers versus mere advertising, and underscores the necessity of providing specific proof for each registered good to avoid expungement.

Obtaining a trademark registration provides several benefits for businesses. Trademark registrations can help protect your rights and serve as assets that may be leveraged through licensing or used as collateral. However, obtaining a trademark registration in multiple jurisdictions can be a costly endeavour, and it can be difficult to prioritize where and when to seek registration to maximize protection.

Découvrez les facteurs clés pour optimiser votre stratégie d'enregistrement de marques de commerce : quelles marques protéger en priorité, dans quels territoires investir, et comment choisir entre les systèmes nationaux, régionaux ou internationaux. Explorez les avantages et inconvénients de chaque approche pour maximiser la protection de vos actifs de propriété intellectuelle tout en maîtrisant vos coûts.

The Trademarks Opposition Board recently ruled on the validity of electronically notarized affidavits in trademark proceedings and imposed costs against a party for unreasonable conduct. The decision in Chilly Moose Ltd. v. Moosehead Breweries Limited addresses both the admissibility of remote notarization and the consequences of filing inaccurate legal submissions that complicate proceedings.

The Canadian Intellectual Property Office has released findings from roundtable discussions with 53 small and medium-sized businesses across six cities, revealing significant challenges in protecting intellectual property. Business owners identified cost, slow timelines, complexity, and limited knowledge as major barriers to accessing IP protection in Canada. CIPO plans to use this feedback to shape its upcoming business strategy and has already initiated a review of its fee structure.

When brands rush to capitalize on celebrity events like the Taylor Swift and Travis Kelce wedding, they may unknowingly expose themselves to serious legal risks. From publicity rights violations to ambush marketing pitfalls, this analysis explores the legal minefields that businesses must navigate when attempting to associate themselves with high-profile cultural moments.

A trademark demand letter has just landed in your inbox. The trademark owner may be alleging infringement, confusion, depreciation, or “passing off,” among other claims. The letter may be intimidating, confusing, or both. This article will help you focus on key considerations that should guide your response strategy.

Canada's Trademarks Opposition Board has introduced new requirements for handling confidential evidence in trademark proceedings, mandating the use of Canada Post's secure digital platform.

In today’s competitive marketplace, intellectual property (IP) and the IP rights that protect them are often among the most valuable assets a company possesses.