Category: Trademark Law

The Olympic Rings and and the motto “Faster, Higher, Stronger” are both Olympic marks. Olympic Rings Baron Pierre de Coubertin ...

Composite Trademarks are marks made up of multiple elements that could be separated. Why Register Composite Trademarks? Registration of a ...

Various forms of the Swiss Flag symbol appear on a variety of luggage and knapsacks sold in Canada. A trademark ...

There are two situations where trademark priority is important to applicants in Canada. The first situation is about who has ...

Decisions in Canadian trademark cases are binding on lower courts if they are decided by the Supreme Court of Canada, the ...

Cancelling a Trademark in Canada can be done in two ways. Canceling a Trademark Based on Non-Use Start a section ...

Trademark applicants should be cautious about the services that they claim. If the services claimed are not beneficial to the public ...

Can you Register a Surname as a Trademark? Paragraph 12(1)(a) of the Trademarks Act stipulates that a trademark is registrable ...

Mr. Justice Mosley performed a distinctiveness analysis and found that FRENCH PRESS is a generic trademark. The Federal Court of Canada expunged trademark ...

Be mindful when selecting a brand. Not all words and names are capable of being protected as trademarks. Section 12(1) of ...

Laches is a legal doctrine that bars those who take too long to assert a legal right to any entitlement ...

Words that are primarily merely surnames can not be registered as trademarks, per section 12(1)(a) of the Trade-marks Act: 12. (1) ...

It is important to select a brand name that you can register as a trademark in Canada. Products need a ...

A party before a tribunal may submit an affidavit as evidence to help a tribunal member or a judge determine the ...

A man’s name is his own property, and he has the same right to its use and enjoyment as he ...

The low threshold of evidence required to show use of a trademark is not all that minimal according to the Federal Court ...

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

Canada’s Bill C-31 made significant changes to Trademark law in Canada, effective on June 17, 2019. Summary of Canadian Trademark ...

Proper trademark use is vital to obtaining and maintaining trademark registration. When you first adopt a trademark, you may use ...

If a trademark registration for goods is challenged in a section 45 proceeding, then the owner needs to prove that ...

Are there limits to Federal Court of Canada’s powers to grant relief? Yes, there are limits to the Federal Court’s powers. ...

Trademarks obtained improperly or abandoned may be canceled. Trademark cancellation may be very effective in dealing with claims of trademark infringement. ...

Question:  Isn’t incorporating like trademarking the company? Answer: No. Incorporating gives you some common law rights, but not the exclusive right to ...

Owning and using domain names is not automatically trademark infringement. A trademark is not a monopoly of all domain names ...

A generic trademark merely describes the goods or services. Specifically, a mark is merely descriptive under Trademark Act Section 2(e)(1), ...

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 ...

Official Marks in Canada are trademarks that are used and adopted by a public authority under government control. A public ...

Click to see the Trade-marks Act (R.S.C., 1985, c. T-13) current to 2015-03-03 and last amended on 2015-01-01. Previous Versions ...

Major Changes to Canadian Trademark Law happened when Canada updated its Trademarks Act effective June 19, 2014. Some of the ...

Trademarks are the best way to protect words, phrases, and logos, in most countries. Trademarks are registered on a country by ...