Budget Update: 2017
In its 2017 budget, the Canadian Federal Government announced its “Intellectual Property Strategy 2017,” in which “the Government will develop a new intellectual property strategy over the coming...
View ArticleTrademark Renewal and CIPO Courtesy Letter asking for Nice Classification
The Canadian Intellectual Property Office (“CIPO”) is now sending courtesy letters inviting trademark owners to group and class their goods or services under the Nice Classification at the time of...
View ArticleThe Benefits of Trademark Searching and Clearance
If you are considering launching a new brand in Canada, it is generally a good idea before investing in the launch, and even before filing a trademark application, to determine whether the proposed...
View ArticleI Just Disclosed My Invention – Can I Still Protect It?
A patent may be granted for an invention if it meets all of the statutory requirements including novelty, non-obviousness and utility. Industrial design protection may similarly be granted for new...
View ArticleThe Importance of Trademark Monitoring
You have found yourself in the enviable position of having a successful business with a recognizable brand name. You did your due diligence: Before selecting your brand name, you consulted your...
View ArticleCanada’s anti-spam laws are changing
Canada has implemented anti-spam legislation that affects the sending of commercial electronic messages (CEMs) to and from Canadians. This legislation affects organizations both inside of Canada and...
View ArticleUpcoming Changes to Canada’s Trademarks Act
Canada will be making substantive changes to its trademark laws. The Canadian Intellectual Property Office has confirmed that it now plans to implement the amendments to the Trademarks Act in early...
View ArticlePromise Doctrine Rejected by the Supreme Court of Canada
On June 30, 2017, the Supreme Court of Canada released its highly anticipated landmark decision in AstraZeneca Canada Inc. v. Apotex Inc. (2017 SCC 36) in which it considered the so-called “promise...
View ArticleTrademark Basics: “Use in Canada” Filing Basis
Major changes to the Canadian Trademarks Act are expected to be implemented in 2019, including the removal of “use” as a registration requirement. Until then, trademark applicants must select a filing...
View ArticleThe “Every House Needs a Toilet” Argument Goes Down the Drain
Over the past decade or so, the attitude of Canadian courts towards borderline utilitarian copyrighted works has shifted towards recognition of the skill and judgment that makes such works subject to...
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