Blog

A recent decision of the Trademark Opposition Board illustrates how a brand owner can use opposition proceedings to protect the...

This month we are dealing with a new topic-infringement. There are two sections in the Trade-marks Act  dealing with this topic. First,...

This month we discuss the standard of review on these appeals.  The Supreme Court of Canada has specified a new framework for determining...

A decision of the Federal Court emphasizes the importance of clinical precision in asserting a claim for copyright infringement. ITP SA...

Recent decisions in the Federal Court deal with the scope of the implied undertaking rule. The Rule  The basic rule is that where a party...

In this blog entry we deal with copyright developments in the last few months. Online News Act After the completion of a public...

An appeal lies from a decision of the Hearing Officer on behalf of the Registrar to the Federal Court within two months from the date on...

This month we outline   the procedures for resolving trademark oppositions including written argument, hearing, decision, and costs....

A decision of the Federal Court illustrates the difficulties in establishing a chain of title and a date of first use. Sea Tow Services...

This month we are discussing basic points concerning the evidence to be filed. An opposition is like a proceeding in a court and many...

This month we continue to discuss trade oppositions and will deal with the evidentiary framework. Both the opponent and the applicant are...

A decision of the UK Court of Appeal emphasises the importance of evidence of actual ›confusion in an action for trademark infringement,...

Decision of the Federal Court allowed an appeal from the Trademark Opposition Board on the ground that the Board did not assess the...

A decision of the UK Court of Appeal provides a roadmap for an approach to attack “lookalike” packaging. Thatchers Cider Company Ltd v...

2024 was a better year for trademark owners and their advisors. The impact of the pandemic is behind us, and the processing delays in the...

There is a one-year grace period for filing an industrial design. If the design has been disclosed more than one year before the priority...

The UK Supreme Court recently considered this issue and have taken an approach that emphasizes knowledge of the essential features of the...

The Facts  Auberge & Spa Le Nordik Inc. v. Therme Development (CY) Ltd.  2024 FC 1765 Auberge & Spa Le Nordik Inc (Nordik) is the owner...

There have been several recent decisions relating to bad faith by an applicant for a trademark. The Canadian Trademark Act  includes bad...

This month we continue to discuss trade oppositions. The grounds of opposition can include the following: a) The application does not...