When a corporation expands its business into Canada, consideration should be given to whether it can register its brand as a trademark in this new market. While a corporation may operate in this market without registered...more
The Supreme Court of Canada has denied leave to appeal of the Ontario (Energy) v Quality Program Services Inc.1 Federal Court decision, thereby bringing finality to whether public authorities are immune to trademark...more
“Use it or lose it” is a staple expression known to Canadian trademark lawyers. Once a business successfully registers a trademark in Canada, it must “use” its registered mark in Canada or it may lose the protections provided...more
The U.S. Supreme Court recently confirmed that a “generic.com” term may be eligible for federal trademark registration in the U.S., in certain circumstances. We will review the relevant decisions, discuss the Canadian legal...more
8/14/2020
/ Acquired Distinctiveness ,
Appeals ,
Booking.com ,
Canada ,
Canadian Intellectual Property Office (CIPO) ,
Descriptive Trademarks ,
Domain Name Registration ,
Domain Names ,
Generic Marks ,
Lanham Act ,
SCOTUS ,
Trademark Registration ,
Trademarks ,
Trademarks Act ,
United States Patent and Trademark Office v Booking.com BV ,
USPTO
On June 17, 2019, Canada’s Trademarks Act changed, resulting in its modernization. Canada has now joined five international intellectual property treaties, including the Madrid Protocol, Singapore Treaty and Nice Agreement,...more
7/5/2019
/ Brand ,
Canada ,
Color Marks ,
Goods or Services ,
Intellectual Property Protection ,
International Treaties ,
Madrid Protocol ,
New Rules ,
Nice Classification ,
Registration Fees ,
Scent Marks ,
Singapore Treaty ,
Sound Marks ,
Trademark Application ,
Trademark Opposition Proceedings ,
Trademark Registration ,
Trademark Renewal Applications ,
Trademarks Act ,
Use in Commerce ,
WIPO