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Trademark Registration Canada Trademark Application

Smart & Biggar

Protecting your brand: best practices for trademark record keeping in Canada

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While all brand owners desire to protect their trademarks, many do not regularly create or maintain detailed records of their use of their marks. A best practice that may pay dividends for your business, and help to protect...more

Smart & Biggar

What the Canuck?! Understanding scandalous, obscene and immoral marks in Canada

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“Scandalous, obscene or immoral” trademarks are not only unregistrable in Canada, but they are also unlawful to adopt in connection with a business “as a trademark or otherwise.” While similar prohibitions have been deemed...more

Bennett Jones LLP

Clearing the Deadwood: Inactive Trademarks at Risk as Section 45 Pilot Project Announced

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On December 12, 2024, the Canadian Trademarks Opposition Board (TMOB) announced plans to initiate a pilot project in January 2025 whereby the Registrar of Trademarks will proactively issue a limited number of section 45...more

Dickinson Wright

Oh, My God (OMG)! – Scandalous Trademarks in Canada (and the US)

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“Scandal is gossip made tedious by morality.”- O Wilde - In crafting Valley of Mother of God Gin, the founders of Foxglove Spirits, Malcolm Roberts and Shelly Perry, drew inspiration from the lush forests and fields...more

Blake, Cassels & Graydon LLP

Charte de la langue française du Québec : Les modifications au Règlement sur la langue du commerce et des affaires ont été...

Le 26 juin 2024, le gouvernement du Québec a publié la version modifiée de son règlement relatif à l’application des obligations en matière de langue française dans le contexte du commerce et des affaires. L’édiction du...more

Blake, Cassels & Graydon LLP

Charter of the French Language: Quebec Publishes Amended Regulation

On June 26, 2024, the Quebec government amended its regulation relating to the application of Quebec’s language legislation in the context of commerce and business. The adoption of this Regulation to amend mainly the...more

Dickinson Wright

Are You Getting Bang for Your Buck with Canadian Trademarks?

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On January 1, 2024, the Canadian Intellectual Property Office (CIPO) introduced significant increases to the government fees it levies on actions before the Canadian Trademarks Office, including fee increases of over 30% for...more

Smart & Biggar

Canadian Trademark Law 2023: A Year in Review

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2023 was an active year in Canadian trademark law. Canadian Courts addressed a wide range of issues, from licensing to comparative advertising to co-branding.   Notable changes also emerged from the Canadian Trademarks...more

Smart & Biggar

[Webinar] Canadian Trademark Law 2023: Year in Review - January 30th, 12:00 pm - 1:00 pm ET

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Speakers: Kwan T Loh, Olivier Jean-Lévesque, Nora Labbancz, Reagan Seidler In this webinar, Smart & Biggar's Trademarks team will provide a roundup of Canadian IP law by highlighting some of the most important new laws,...more

Smart & Biggar

Five New Year resolutions for trademark owners in 2024

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Trying some healthy habits in 2024? Your trademarks want you to do the same! A trademark has value when it is distinct and enforceable. Even registered marks can lose value if proper “trademark hygiene” is not followed...more

Smart & Biggar

Trademark protection in Canada: Pursuing Canadian designations under the Madrid Protocol

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Canada has emerged as a popular jurisdiction for trademark designations under the Madrid Protocol, a global system facilitating streamlined protection of marks across multiple countries. According to WIPO’s Madrid Yearly...more

International Lawyers Network

Canadian Trademark Fees Increasing in 2024

Canadian brand owners should prepare now for fee increases coming into force in 2024. Overall, fees are set to increase by 20 to 35%. In particular, the government fee for filing a Canadian trademark application is increasing...more

Smart & Biggar

Canadian Trademark Law 2022: Year in Review

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The proverbial brand owner’s guidebook became a little bigger in 2022. Developments in practice opened new avenues for securing and enforcing trademark rights over the past year, including an “accelerated” path to trademark...more

Miller Canfield

Protecting Your Brand: A Primer on Canadian Trademarks

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​​​​​​​Business owners will occasionally express a desire to protect their brand without much knowledge as to the purpose of a trademark or the intricacies involved in the trademark application process.  What is a...more

Smart & Biggar

It’s official: Options for challenging “official marks” in Canada

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“Official marks” are a unique feature of Canadian trademark law. Many trademark owners, even in Canada, are unaware of official marks. Those who are aware, are often unclear about the rights provided and the options available...more

Smart & Biggar

Two ways to fast-track your Canadian trademark application

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Earlier in the year, the Canadian Trademarks Office announced new measures intended to improve delays in the processing of trademark applications. With the time to examination for national applications exceeding three years...more

International Lawyers Network

Expanding a Brand into Canada: Trademark Registrations- The Basics

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

Smart & Biggar

Fast Tracking Canadian Trademark Applications - Trademarks Office Publishes New Practice Notices to Reduce Examination Delays

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On Monday, May 3, 2021, the Canadian Trademarks Office published two new Practice Notices with respect to Requests for expedited examination and Measures to improve timeliness in examination intended to improve delays in the...more

Smart & Biggar

The advantages of black & white when filing Canadian trademark applications

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Some foreign brand owners may be surprised to learn that in Canada, when seeking to protect design (or figurative) marks, it is sometimes better to register marks in black and white in cases where the marks would normally be...more

International Lawyers Network

Harry and Meghan’s trade mark problem – third party jumps on the bandwagon and applies to register same mark in the EU to cover...

The Duke and Duchess of Sussex submitted a trade mark application with the World Intellectual Property Office last year to register “SUSSEX ROYAL” in the UK, EU, Australia, Canada and the US. The application covers a range of...more

Smart & Biggar

Preparing a trademark strategy: 5 considerations for start-ups

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Most entrepreneurs have a general understanding that trademarks are good for business. However, many overlook the importance of having a trademark strategy in place. Simply put, a trademark can be a unique combination of...more

Downs Rachlin Martin PLLC

So You Think You Can Use Your Trademark Outside the US?

Trademarks are among the most valuable assets owned by companies that focus on individual consumers — from breweries to start-up app developers. Trademarks protect brands and can be found in the form of words (COCA COLA),...more

ArentFox Schiff

You Got No Mail: Foreign Representatives Will Not Get Communications from CIPO on WIPO Applications

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After its recent adoption of the Madrid Protocol, Canada’s Intellectual Property Office will send communications about applications filed under the Madrid Protocol to the applicant or an appointed Canadian trademark agent,...more

International Lawyers Network

United States Licensed Attorney Required for Foreign-Domiciled U.S. Trademarks

Since August 3, 2019, all foreign-domiciled U.S. trademark applicants, registrants and parties to proceedings before the United States Patent and Trademark Office’s (USPTO) Trademark Trial and Appeal Board must be represented...more

Jaburg Wilk

New Rule Requires Foreign Companies and Persons to Be Represented by a U.S. Licensed Attorney in All Trademark Matters

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The United States Patent and Trademark Office USPTO recently announced a significant rule change. Effective August 3, 2019, all foreign-domiciled trademark applicants, registrants, and parties to Trademark Trial and Appeal...more

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