Region: Canada

The intersection between trademarks and labelling laws: as illustrated by the Canadian food and cannabis industries

There are many Canadian trademark laws, regulations and statutes regarding selection, labelling and advertising in the food and recreational cannabis industries – all of  which affect long-term branding rights and enforcement.

26 December 2018

Canada's anti-dilution remedy is not limited to registered trademarks: the bunny keeps going… and going… and going

In Energizer v Gillette, where Energizer sued Duracell for its use of Energizer’s registered marks and other terms, Canada’s Federal Court has provided some guidance as to the scope of a claim under Section 22 of the Trademarks Act.

22 November 2018

The date is set: 17 June 2019 – Canada’s new trademark law will be in force

After years of uncertainty, a date has finally been set for the implementation of Canada’s new trademark law. This update highlights some of the main changes to Canadian law and provides some recommendations for mark owners.

19 November 2018

Cannabis trademarks rocket, but how long will Canada lead the way? – exclusive data analysis

An analysis of Canadian trademark filings illustrates a sharp rise of applications in the cannabis sector; could that spike be replicated in the US in the future?

11 November 2018

Why Canada’s unexpected trademark reforms are good news for brand owners

Trademark reforms proposed by the Canadian government are positive for brand owners, with mechanisms to tackle trademark squatting and modernised dispute resolution proceedings.

09 November 2018

Settlement privilege and domain name arbitrations: the case of ‘’

A recent decision under Canada’s Domain Name Dispute Resolution Policy shows that deeming correspondence “without prejudice” may impact a complainant’s ability to prove the registrant’s bad faith and could ultimately decide the outcome of the dispute.

31 October 2018

Our privilege to serve – thoughts on Canada’s law of privilege

Privilege protects certain information and communication from disclosure. In-house counsel – as legal and business advisers to a company – must understand the limitations of privilege and how best to create and maintain it.

29 October 2018

Federal Court: official marks not an absolute defence to infringement in Canada

In Quality Program Services Inc v Canada, the Federal Court of Canada has held that official marks do not insulate their holders from claims by third parties.

29 October 2018

How Canada’s new cannabis regime will impact a range of brands and law firms

With Canada set to legalise recreational cannabis, our latest opinion column looks at why trademark counsel should watch this development closely.

16 October 2018

USMCA “breaks new ground” in geographical indications policy, contends GI consortium

The Consortium for Common Food Names has praised the new USMCA trade deal, claiming it “marks a sea change” in GI policy. In a strongly-worded statement, it also hits out at the EU for “monopolising common names and terms”.

10 October 2018

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