Canada: Trademark

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Intellectual property law and copyright law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as licensing and syndication, patent law, trade secrets and trademark law.

No Use, No Problem! Acquisitions Breath New Life Into Unused Marks

Parties engaged in the purchasing of trademarks received good news recently with the Federal Court of Appeal confirming that recent arms-length acquisitions of trademarks may excuse non-use of those trademarks.

OW

Oyen Wiggs Green & Mutala LLP

A "Distinct" Challenge For Trademark Owners: A Review Of The Inherent Distinctiveness Objection In Trademark Examinations

It has been six years since the June 2019 overhaul to Canada's Trademarks Act (the Act) came into effect, which introduced a wide range of new and amended requirements...

C

Cassels

Regulating Deepfakes Through Copyright: Would Denmark's Proposed Approach Be Right For Canada?

Artificial intelligence ("AI") generated synthetic media, or "deepfakes," pose increasingly significant legal and ethical challenges within the cybersecurity landscape. Deepfakes involve the unauthorized...

MT

Miller Thomson LLP

Preventing Trademark Registration Expungement

Canadian trademark registrations last for 10 years and are renewable upon the payment of a maintenance fee.

CP

Cox & Palmer

Ferrari Reclaims "Testarossa" In Legal Grand Prix

European Union IP

GL

Goodmans LLP

College Of Patent Agents And Trademark Agents Connecting Trainees With Supervisors

OW

Oyen Wiggs Green & Mutala LLP

Fast Tracks And Green Gaps Part I: Planting The Future: Why Canada's IP System May Be The Climate Innovation Sleeper Hit

BJ

Bennett Jones LLP

Ask An IP Litigator: Licensing And Contractual Obligations (Video)

TL

Torys LLP

Trademark Application For FLUENCE BIOENGINEERING Refused Over The Use Of "Engineering"

OW

Oyen Wiggs Green & Mutala LLP

Conduct Counts: Leveraging Bad Faith And No Intention To Use Grounds In A Trademark Opposition

BL

Borden Ladner Gervais LLP

AI's Impact On Intellectual Property Rights And Enforcement

GW

Gowling WLG

Safeguarding Trademarks And Brands In A Globalized Market

GW

Gowling WLG

USA Intellectual Property Law Comparison: Basics That Canadian Businesses Need To Know

BC

Brunet & Co

Why You Should File Intellectual Property In Canada: A Strategic Guide For Innovators And Businesses

BC

Brunet & Co

Comment traiter les tarifs douaniers et autres obstacles à l'accès aux marchés au moyen du mécanisme de règlement des différends entre investisseurs et États

Canada International

MT

McCarthy Tétrault LLP

Ontario Court Of Appeal Upholds Certification Of Class Proceeding On Behalf Of Cryptocurrency Traders: Confirms That The Novelty And Inherent Risk Of Such Financial Instruments Necessitates Adequate & Timely Disclosure

Canada Technology

DA

DMG Advocates

US Suspends De Minimis Duty-Free Treatment

Canada International

MK

Millar Kreklewetz

Is Your Song Ready For A TV Or Film Placement? — Pitfalls To Avoid (Video)

EC

Edwards Creative Law

Update For Employers On Canada's Immigration And Temporary Foreign Worker Programs (Video)

Canada Immigration

GW

Gowling WLG

Canadian Tire Acquires Hudson's Bay Brand Rights In A Major $30 Million Deal—What This Means For Canadian Retail And Legacy Branding

In a major move that is making headlines across the Canadian retail industry, Hudson's Bay Company (HBC) has announced the sale of its brand name, trademark stripes, and associated intellectual property to Canadian Tire Corporation for $30 million CAD.

BC

Brunet & Co

Ongoing Income Streams After Death: How To Address Royalties In Estate Planning And Administration

Clarence Darrow once said: "Someday I hope to write a book where the royalties will pay for the copies I give away."

OE

O'Sullivan Estate Lawyers LLP

How Canadian Businesses Can Protect Intellectual Property In Asia: A Legal Guide

Expanding into Asia offers Canadian businesses enormous potential—but it also exposes them to serious intellectual property (IP) risks.

BC

Brunet & Co

Canada vs. Asia: Key Differences In Intellectual Property Laws You Must Know

In today's global economy, businesses, entrepreneurs, and creatives frequently operate across borders.

BC

Brunet & Co

Not All That Bubbles Is Champagne – Considerations For The Protection Of Geographical Indications In Canada

SB

Smart & Biggar

Why Canada Is On The USA IP Watch List?

BC

Brunet & Co

Poor Evidence, Lost Trademark – Federal Court Decision Illustrates The Importance Of Evidence In Section 45 Challenge

OW

Oyen Wiggs Green & Mutala LLP

Cultural Heritage And Sustainability As Intellectual Property Assets

GW

Gowling WLG

Protecting Your Brand: Best Practices For Trademark Record Keeping In Canada

SB

Smart & Biggar

Federal Court Issues Guidelines For Leave Evidence In Appeals From The Trademarks Opposition Board

CW

Clark Wilson LLP

Accelerated Examination Will No Longer Be Offered For Trademarks Using CIPO's Pre-Approved Goods And Services

OW

Oyen Wiggs Green & Mutala LLP

A Brand's Legacy: Planning For Trademark Succession

AH

Alexander Holburn Beaudin + Lang LLP

Turning Over A New Leaf? Federal Court Upholds Decision Of Trademarks Opposition Board On Non-distinctive And Confusion Grounds

D

Dentons Canada LLP

"Madman Trademarking Across The Water" — A Legal Love Letter To Ozzy Osbourne

NL

Nelligan Law

Accelerated Examination Will No Longer Be Offered For Trademarks Using CIPO's Pre-Approved Goods And Services

Trademark applicants should be aware that examination timelines for trademarks have decreased significantly.

OW

Oyen Wiggs Green & Mutala LLP

A Brand's Legacy: Planning For Trademark Succession

Estate planning often focuses on tangible assets – homes, bank accounts, and personal belongings.

AH

Alexander Holburn Beaudin + Lang LLP

Turning Over A New Leaf? Federal Court Upholds Decision Of Trademarks Opposition Board On Non-distinctive And Confusion Grounds

On July 2, 2025, the Federal Court of Canada (the Court) dismissed an appeal by the University of British Columbia (UBC) of a decision of the Trademarks Opposition Board (the TMOB)...

D

Dentons Canada LLP

"Madman Trademarking Across The Water" — A Legal Love Letter To Ozzy Osbourne

Some people leave behind a legacy. Ozzy Osbourne left behind a brand manual.

NL

Nelligan Law

Naming Prescription Drugs: Navigating Regulatory And Trademark Challenges

ML

McMillan LLP

Tariffs And Counterfeits - A Silver Lining?

The recent imposition of tariffs by the United States may assist anti-counterfeiting efforts, both in the United States and Canada.

DW

Deeth Williams Wall LLP

Paws For Thought: DOGKIND Trademark Application Refused

In a recent decision, the Trademarks Opposition Board ("TMOB") refused a trademark application for DOGKIND, finding it was confusingly similar to the already registered trademark, PETKIND.

GL

Goodmans LLP

Licensing vs. Franchising: Understanding The Difference In Ontario

In Ontario, business owners typically consider franchising versus licensing as they plan to grow their company. Both methods promote growth through the resources of a third party, but they work in dramatically different ways.

Pacific Legal PC

Federal Court Clarifies The Evidentiary Burden To Satisfy The Bojangles Test In Trademark Oppositions

In 2718971 Ontario Inc. v. Kinde Company Ltd., 2025 FC 1114, the Federal Court considered an appeal from a decision of the Trademarks Opposition Board (the "TMOB")...

SL

Shift Law

Canadian Consultation On Proposed Changes To The Madrid System Principle Of Dependency

C

Cassels

The High Cost Of Fashion Dupes: Trademark And Design Infringement And A View From The North

G

Gilbert's LLP

Compelling Third-Party Disclosure: The Power Of Norwich Orders

Canada Litigation

ML

McKercher LLP

Use Of Trademark By A Licensed Subsidiary Benefits The Owner Of The Trademark

OW

Oyen Wiggs Green & Mutala LLP

Navigating "Made In Canada" Claims In 2025

FR

Fogler, Rubinoff LLP

Innovation, Science And Economic Development Canada's ("ISED") Indigenous Intellectual Property Program

TD

Thompson Dorfman Sweatman LLP

The Trademark Four(Mula): Enforcement And Risk Mitigation

OH

Osler, Hoskin & Harcourt LLP

(Don't) Keep It In The Family: Federal Court Grants Solicitor's Eyes Only Protection In Trademark Dispute Between Family Companies

LS

Lenczner Slaght LLP

CIPO Updates Industrial Design Office Practice Manual – What Applicants Should Know

OW

Oyen Wiggs Green & Mutala LLP

The Popularity Of Buying Local And Its Impact On Trademarks

BB

BCF Business Law

La popularité croissante de l'achat local et l'impact sur les marques de commerce

BB

BCF Business Law

Coup d'œil sur les nouvelles règles de PIO concernant le financement des services juridiques en PI pour les entreprises de l'Ontario

MT

Miller Thomson LLP

What The Canuck?! Understanding Scandalous, Obscene And Immoral Marks In Canada

SB

Smart & Biggar

Québec's New Language Law Changes: Is Your Business Compliant?

BL

Borden Ladner Gervais LLP

Random Trademark Summary Cancellation Proceedings In Canada: What You Need To Know

GW

Gowling WLG

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Latest Videos

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Law Talk Season 2 Episode 03: Business Law - Naming Your Business (Video)

FH

FH&P Lawyers

IP Explained: The Basics (Video)

FL

Field LLP

The Legal Steps To Startups: 3 Things You Need To Know About Trademarks (Video)

PM

Parlee McLaws

Introduction To Trademarks – The Basics (Video)

F

Fasken

Using Intellectual Property To Protect Your Company's Assets (Video)

CM

Crowe MacKay LLP

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