Region: Canada

Bricks and mortar or is online in order? Federal Court of Appeal checks in to trademark use and hotel services

The Federal Court of Appeal has handed down its decision in Miller Thomson v Hilton Worldwide Holding LLP, which relates to a non-use cancellation proceeding against the WALDORF-ASTORIA mark. The decision helps clarify what it means to provide hotel and motel services in Canada.

19 November 2020

EMPOWER-ing trademark infringement claims against public authorities

A recent case demonstrates that public authorities can be held liable for trademark infringement, even where they have obtained protection for an official mark.

12 November 2020

Here for a good time… and a long time – current Canadian examination timelines

The pace of Canadian trademark prosecution – and particularly the time to first examination – has slowed significantly. Improvements are expected over the next few years, but in the interim applicants and their agents should adjust their practices and their expectations accordingly.

05 November 2020

Madrid, trolls and legislative change: explaining the latest filing trends in Canada

Trademark applications in Canada are down in 2020 – but coronavirus is not the cause, as our exclusive data analysis reveals.

02 October 2020

Then and now: assessing Canadian practice one year into the new regime

With significant changes to the Canadian trademark system taking effect last year, analysis of the landscape 12 months on reveals some important emerging nuances in practice.

23 September 2020

Trademark “services” online finally defined by Federal Court of Appeal

The Canadian Federal Court of Appeal’s long-awaited decision on what constitutes trademark “use” in association with services in the internet age has finally been released.

21 September 2020

Lessons from a pandemic: long-term impacts on Canadian trademark practice

The Canadian Trademarks Office and the Federal Court of Canada have taken concrete steps to mitigate the effects of the covid-19 pandemic that have permanently changed trademark practice in Canada.

14 September 2020

Taking on the trolls: Canadian notification process to protect brands online

The number of applications filed by so-called ‘trademark trolls’ seems to have increased since the elimination of the use requirement in Canada, but the notification of third-party rights process introduced a year ago has been helping IP owners protect themselves online.

01 September 2020

Five key takeaways from living a year with the new Canadian trademark system

Twelve months after significant trademark reforms took effect in Canada, analysis of the IP landscape highlights five important areas that brand owners have learned to navigate so far.

31 August 2020

Economies are battered but many major offices set for record trademark numbers

As the data continues to be updated, we are able to get a better understanding of the extent of the coronavirus’ impact on the trademark ecosystem.

28 August 2020