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. http://ca.linkedin.com/in/davidtmichaels/ Warning & Disclaimer: The pages, articles and comments on trademarkpro.ca 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 trademarkpro.ca. 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.

Author Posts

Trademarks For Small Business Watch this USPTO video to learn some basic facts about trademarks for small business:

In a domain dispute, you may select either one panelist or three panelists to decide who gets a domain name. How Many Panelists are Optimal for a UDRP Complaint? It costs less to file a UDRP complaint if you select a single panel member than selecting a three member panel to decide your domain dispute. Savvy trademark
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If a trademark registration for goods is challenged in a section 45 proceeding, then the owner needs to prove that it has used the trademark with all of the goods listed in their application. Using an Invoice to Prove Use of a Trademark in connection with Goods If the trademark does not appear on the
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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
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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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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
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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
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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)
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Trademark Blogs

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Trademark Blogs: Anticipate This http://anticipatethis.wordpress.com/ Australian Trademarks Law Blog http://www.australiantrademarkslawblog.com/ BLOG@IP::JUR http://www.ipjur.com/03.php3 Brand Channel http://www.brandchannel.com/ Broken Symmetry http://brokensymmetry.typepad.com/ Canadian Trademark Blogs: Canadian Trademark Blog http://www.trademarkblog.ca/ Canadian Intellectual Property Practice by Alan Macek http://www.ippractice.ca/ China Trademark Blog China Law Blog http://www.chinalawblog.com/ Class 46 http://www.marques.org/class46/ Class 99 http://class-99.blogspot.com/ Eric Goldman http://blog.ericgoldman.org/ Intellectual Asset Management http://www.iam-magazine.com/ Intellectual Property Watch
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How parts.com got registered as a US trademark

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How PARTS.COM, LLC registered parts.com 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
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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
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What Can I Trademark?

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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
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