Author: David Michaels

David Michaels, J.D., B.Eng., CHRM is a legal blogger (and a trained attorney) who holds certificates in Canadian Trademark Law (2012) and Canadian Patent Law (1996) from McGill University. He has worked in the area of trademark law in Canada since 1995 and in the USA since 1993. David is a brand consultant, a writer, an eCommerce entrepreneur, and an aeronautical engineer. Warning & Disclaimer: The pages, articles and comments on do not constitute legal advice, nor do they create any attorney-client relationship. The articles published express the author's notes of the current state of trademark law and should not be attributed as opinions of the author, his employer, clients or the sponsors of The author does not warrant that these notes are up-to-date. Trademark law is constantly changing and it varies between jurisdictions and even within jurisdictions. This website should not be relied upon.

Federal Court Powers

Are there limits to Federal Court of Canada’s powers to grant relief? Yes, there are limits to the Federal Court’s powers. Every law of Canada shall be so construed and applied as not to abrogate, abridge or infringe or to authorize the abrogation, abridgment or infringement of any of the rights or freedoms recognized and declared in […]

Trademark Cancellation

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. […]

Register A Slogan As A Trademark

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 […]

Domain Names and Trademark Infringement

Owning and using domain names is not automatically trademark infringement. A trademark is not a monopoly of all domain names with the trademark. Some trademark bullies have tried to claim that they have a monopoly of all domain names containing their registered trademark. Often, domain name holders give in to these bullies. However, some have […]

Property Rights in Domain Names

Domain name registrants have property rights in most types of domain names comprising incorporeal rights and equitable rights. Whether there are property rights in .ca domain names is still in question. Domain names are not corporeal property. You can’t touch or hold domain names. However, anyone can use a domain name to find a website that […]

Canadian Trademark Cases

The Leading Cited Canadian Trademark Cases are: Re/Max International, Inc. v. Metro/Max Realty Inc. (1997) 82. C.P.R. (3d) 110 (T.M.O.B.) Marineland Inc. v. Marine Wonderland and Animal Park Ltd. (1974) 16 C.P.R. (2d) 97 (F.C.T.D.) Goodall Rubber Co. v. Goodyear Tire and Rubber Co. (1999) 3 C.P.R. (4th) 393 (T.M.O.B.) Tone-Craft Paints Ltd. v. Du-Chem Paint Co. Ltd. (1969) […]

Trademark Blogs

Trademark Blogs: Anticipate This Australian Trademarks Law Blog BLOG@IP::JUR Brand Channel Broken Symmetry Canadian Trademark Blogs: Canadian Trademark Blog Canadian Intellectual Property Practice by Alan Macek China Trademark Blog China Law Blog Class 46 Class 99 Eric Goldman Intellectual Asset Management Intellectual Property Watch […]

How got registered as a US trademark

How PARTS.COM, LLC registered as a US trademark on the principle register in the USA. US trademark US Serial Number: 77219341 Application Filing Date: Jun. 29, 2007 US Registration Number: 3500783 Registration Date:Sep. 16, 2008 Note: Yahoo! Inc. commenced a trademark cancellation proceeding (Number: 92057802) after PARTS.COM, LLC sued Yahoo for trademark infringement in […]

Trademarks Registered in the US

Trademarks registered in the US may be registered either on the Principle register or on the Supplemental Register. Most trademark owners would prefer that their trademark be registered on the principle register, but that is not always possible. A registration for a trademark may be refused for registration on the principle register because the proposed […]

What Can I Trademark?

Trademarks are the best way to protect words, phrases, and logos, in most countries. Trademarks are registered on a country by country basis, except in Europe where you may register a EU Community trademark or a trademark in one or more EU countries. There is no such thing as a global trademark, but there is a […]