Picking a domain name that will engender trust and drive traffic your website is a critical step in building a successful website. Factors in Picking a Domain Name: An easy to type and spell domain name is the most important factor. A short domain name, less than 10 letters is preferable. A one or two-word
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A Federal Court determined that a registered trademark, TIMES GROUP CORPORATION, had been infringed by a confusing tradename, TIME DEVELOPMENT GROUP, per The Honourable Mr. Justice O’Reilly, 2016 FC 1075. Time Development Group Inc. appealed the decision to the Federal Court of Appeal.   Time Development Group Inc. v. Times Group Corporation: Plaintiff registered its corporate name as
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Who has trademark priority? A. The first person to apply to register in Canada? (i.e. Canadian application date July 1, 2016) or B. The first person to apply for a trademark registration in the world within the prior 6-months and claims its priority date in its Canadian application? (i.e. USPTO application date May 1, 2016 and its
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Domain names are considered property in Canada and elsewhere. Some domain names have a significant inherent value beyond their initial acquisition cost. Domain names in our top domain name sales lists usually have one or more of the following characteristics: Short domain names Surname domain names Brandable domain names Spellable domain names Generic domain names
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Why Buy Domain Name sumo.com for $1.5 Million USD?

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There is an inherent value in domain names. The sumo.com domain name sold for 1.5 million USD. It took Noah Kagan of SumoMe.com 7 years of negotiations to buy the domain name sumo.com. SumoMe.com is now redirected to sumo.com. SumoMe.com transitioned to sumo.com for $1.5 million SumoMe paid $500,000 up front and it will pay
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How do you trademark? You trademark a word, picture, sound or a slogan by using it as a trademark and filing a trademark application with the intellectual property office in each country that you want trademark protection in. In Canada, trademark applications are filed with CIPO, the Canadian Intellectual Property Office. A trademark application needs
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The HERTZ System, Inc. v. HERC Equipment Rentals is a case filed in March 2016 in the Federal Court of Canada. Essential facts: HERC EQUIPMENT RENTALS INC. ON-1389811 Incorporated on 2000-01-24 Heavy equipment rental business based in Hamilton, Ontario Linkedin profile Trademark: HERC, Searched, 1775377 filed November 10, 2014, based on use in CANADA since June 2002. Claims:
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The Canadian Trade-marks Act gives foreign applicants an unfair advantage in their ability to register trademarks that are names, surnames or clearly descriptive trademarks, which would otherwise be unregistrable pursuant to section 12 of the Trade-Marks Act. The Amendments to the Trade-marks Act (not yet in force) will repeal this loophole soon. Merely descriptive marks on the USPTO’s
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Mr. Justice Mosley performed a distinctiveness analysis and found that FRENCH PRESS is a generic trademark. The Federal Court of Canada expunged trademark registration TMA 475,721 for FRENCH PRESS covering Non-electric coffee makers. Bodum USA, Inc. v. Meyer Housewares Canada Inc., 2012 FC 1450; Bodum USA, Inc. v. Meyer Housewares Canada Inc., 2013 FCA 240 (appeal dismissed) THE LEGISLATIVE and
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Be mindful when selecting a brand. Not all words and names are capable of being protected as trademarks. Section 12(1) of the Trade-Marks Act limits what kinds of trademarks may be registered. So choose registerable trademarks as brands for your business. Suggestive (less than clearly descriptive, but still suggest the goods or services —think Facebook®) –
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RE/MAX, LLC sued PROPERTY MAX REALTY INC. AND OTHERS for trademark infringement in Vancouver Canada according to Federal Court file T-545-16. PROPERTY MAX REALTY INC. appears to operate from propertymax.ca. Trademark Infringement and Passing Off PROPERTY MAX’s logo doesn’t look anything like the RE/MAX logo, the name includes the words “MAX REALTY” and that may be the basis for
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A trademark is a mark that distinctly identifies your business brand, goods, and services. If your trademark is not distinctive, it is usually not registrable. A mark is a word, symbol, or design used to distinguish goods or services of one company from others. Canada still uses the hyphenated spelling for trade-mark for now. Pending
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Twelve countries signed the Intellectual Property Rights Chapter of the Trans-Pacific-Partnership Agreement “TPP” on October 9, 2015. TPP is an expansion of the Trans-Pacific Strategic Economic Partnership Agreement (TPSEP or P4), which was signed by Brunei, Chile, New Zealand, and Singapore in 2005. In 2008, Australia, Canada, Japan, Malaysia, Mexico, Peru, the United States, and Vietnam joined the TPP. It
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You may do a CIPO trademark search on the CIPO database: http://www.ic.gc.ca/app/opic-cipo/trdmrks/srch/tmSrch.do?lang=eng   and a USPTO trademark search on the USPTO TESS database: http://www.uspto.gov/trademarks-application-process/search-trademark-database and a global trademark search on the WIPO brand database at: http://www.wipo.int/portal/en/index.html

Doctrine of Laches in Patent Suits

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Federal Circuit says that the doctrine of laches applies to damages in patent cases since limitation periods in patent suits are not Federal law The Federal Circuit ruled on September 18, 2015 that the doctrine of laches can still be used to bar the recovery of pre-suit damages in long-delayed patent suits. The doctrine of laches lets
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CIPO is making progress to modernize Canada’s intellectual property (IP) framework. The following is an overview of the trademarks legislative work that is underway to help Canada better align itself with international best practices. Take a look at the Update to the trademarks online tools page to see which applications and forms will be adapted
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Proper Trademark Use

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Proper trademark use is vital to obtaining and maintaining trademark registration. When you first adopt a trademark, you may use the TM symbol. You may only use the R symbol after obtaining trademark registration.

Trademarks obtained improperly or abandoned may be canceled. Trademark cancellation may be very effective in dealing with claims of trademark infringement. A Trademark cancellation of a US trademark is a legal proceeding before a federal court or the TTAB administrative tribunal at the USPTO where a person petitions to remove a trademark registration from the trademark register.
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Q. Can You Register A Slogan As A Trademark? A. Yes, “Just Do it” is Nike’s famous slogan and they registered it. Trademarks: JUST DO IT!, Refused, 0624000 Trademarks: JUST DO IT, Registered, 1337724, TMA716435 Trademarks: JUST DO IT, Registered, 1060303, TMA583574 Trademarks: JUST DO IT, Registered, 0737830, TMA477741 In fact, brand owners are very litigious
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Isn’t incorporating like trademarking the company

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Question:  Isn’t incorporating like trademarking the company? Answer: No. Incorporating gives you some common law rights, but not the exclusive right to use the distinctive word in your corporate name throughout Canada for the services the business provides. For example, the distinctive portion of Michaels Inc. and Michaels Tech Inc. is “Michaels.” The name of a company is
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