Search results

Selected filters:

Canada
Trademark law

Article type

Topic

Sector

436 results found for your search

Sort options
02 June 2016

"Sufficient presence of French" required on outdoor signage in Quebec

The Quebec government has published its proposed amendments to the French language regulations in an effort to ensure the visibility of the French language throughout the province.

20 May 2016

Did Master pass-off Mister?

The Federal Court recently issued a decision respecting trademark infringement and passing-off in the case of Responsive Brands Inc v 2248003 Ontario Inc. The decision shows the power of extensive use of an otherwise not highly distinctive mark to extend the scope of protection.

05 May 2016

Special circumstances found to refuse expungement of trademark

The Trademarks Opposition Board has refused to expunge the trademark registration STK owned by The One Group LLC for non-use pursuant to Section 45 of the Trademarks Act.

03 May 2016

Court of Appeal clarifies domain jurisdiction

In Michaels v Michaels Stores Procurement Co, the Federal Court of Appeal provided a clear statement that the federal courts have jurisdiction to order the transfer of domain names.

29 April 2016

From interlocutory injunctions to Donald Trump: trademarks to the fore in Canadian courts

As the country awaits sweeping amendments to the Trademarks Act, the courts were kept busy with decisions covering relief against non-parties, metatags, cancellation proceedings and the exemption for recognised trademarks under the Charter of the French Language in Quebec Province

29 April 2016

Canada: Preparing for change

The effects that the amendments to the Trademarks Act in Bill C-31 have on rights holders will be wide ranging, but the expanded definition of ‘trademark’ should prove to be a boon

14 April 2016

A trademark cautionary tale: personal liability cannot hide behind corporate veil

The Quebec Superior Court recently issued a reminder that the principal of a corporate defendant can be found personally liable for damages alongside the corporate defendant that committed the infringement or passing off.

13 April 2016

Federal Court of Appeal seeks to clarify law relating to descriptive or misdescriptive trademarks

The Federal Court of Appeal has revisited the issue of whether geographically descriptive words are registrable as trademarks or whether they are prohibited by Section 12(1)(b) of the Trademarks Act.

06 April 2016

Keeping up with technology – goods versus services

Specialty Software Inc registered the trademark MEDINET in association with computer software programs delivered to purchasers on disk, so the mark was registered in relation to goods. As the software is now delivered online, the question arose as to whether the trademark was being used for services as opposed to goods.

29 March 2016

Trademarks and geographic place names

The Federal Court of Appeal has confirmed that if a mark contains the name of a geographic location from where the goods or services emanate, then the mark is clearly descriptive of the place of origin and is not registrable.

01 March 2016

Canada: The challenging world of Canadian official marks

Rights holders could find that using simple greeting terms may offend the rights of official mark holders

25 February 2016

An aggressively claimed first use date dooms application

In the recent Constellation Brands Québec Inc v Sociedad Vinícola Miguel Torres SA (2016 TMOB 4) decision, the Trademarks Opposition Board suggested that marks appearing on goods shipped into Canada cannot be said to be used until the goods have actually arrived in the country.

24 February 2016

Consumer perception: not relevant in determining whether geographic trademark is clearly descriptive

In a recent decision the Federal Court of Appeal considered whether a trademark with a geographic component is registrable when the services of interest originate from the region associated with the trademark.

23 February 2016

Offensive trademarks: can they be registered in Canada and the US?

Canada has a prohibition against the adoption of “scandalous, obscene or immoral” marks, which is arguably similar to the US provision. The In re Simon Shiao Tam decision raises an interesting question as to how Canadian courts would respond to arguments that the prohibition against such offensive marks is unlawful.

01 February 2016

Can metatag use constitute grounds for infringement or passing-off claims?

The Federal Court of Appeal of Canada has released a decision which opens up the possibility that use of a trademark by a third party as a metatag might give rise to a claim for trademark infringement or passing off.