Registration of a Trademark
This month we are discussing the process for obtaining a registration and problems with the system. Under the current Trademarks Act when...
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johnmckeownblog
Sep 15, 20234 min
“Bad Faith” as a Ground of Opposition
A decision of the Federal Court has dismissed an appeal from a decision of the Trademark Opposition Broad. (Spirit Bear Coffee Company...
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johnmckeownblog
Sep 15, 20233 min
When Can a Mark be Protected as a Geographical Indication?
A decision of the General Court of the European Union raises some interesting considerations concerning protecting a geographical...
51 views0 comments
johnmckeownblog
Sep 15, 20234 min
Protecting the Bitcoin File Format
A decision of the UK Court of Appeal has found that copyright likely subsists in the Bitcoin File Format and provides a detailed summary...
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johnmckeownblog
Sep 13, 20234 min
15% or 20% longer Lasting
A recent decision of the Federal Court provides a detailed review of alleged comparative advertising. Energizer Brands, LLC v. Gillette...
49 views0 comments
johnmckeownblog
Sep 6, 20234 min
Territorial Extension under the Madrid Protocol to Canada
In our previous blog Madrid Protocal Applications we discussed applications for an International Registration where the Canadian...
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johnmckeownblog
Aug 4, 20233 min
Recent Copyright Developments - summer 2023
In this blog entry we deal with copyright developments in the last few months The Ontario Court of Appeal has refused to extend the right...
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johnmckeownblog
Aug 2, 20233 min
Madrid Protocol Applications
The Madrid System is a solution for registering and managing trademarks on a worldwide basis. A single international trademark...
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johnmckeownblog
Jul 17, 20234 min
No More Worldwide Trademarks
A decision of the Supreme Court of the United States has concluded that a plaintiff must show use in commerce in the United States of the...
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johnmckeownblog
Jul 14, 20234 min
The Opponent’s Onus
Ebox Inc. (the Applicant) applied for the trademark EBOX TV (the Mark) based on proposed use in Canada in association with services...
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johnmckeownblog
Jul 13, 20233 min
Trademark Infringement and Freedom of Expression
A recent decision of the Supreme Court of the United States has considered the balance between the rights of a trademark owner and the...
155 views0 comments
johnmckeownblog
Jul 12, 20233 min
Checks and Balances in the Section 45 Regime
Shaoguan Risen Trading Corporation Ltd., (the “Applicant”) owns a trademark registration for the trademark DOUBLE SWALLOW BRAND & DESIGN...
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johnmckeownblog
Jul 4, 20232 min
Examination of Trademark Applications
It is taking approximately 50 months for CIPO to examine a trademark application. This is a national embarrassment which just does not...
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johnmckeownblog
May 31, 20233 min
What’s Included in a Trademark Application - Part II
A Representaion or Description The requirement to provide a “drawing” has been replaced with the broader concept of a “representation” or...
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johnmckeownblog
May 12, 20236 min
The Importance of the Use of Colour in a Trademark
A decision of the English High Court of Justice raises some interesting trademark and branding issues. Lidl Great Britain Ltd v Tesco...
530 views0 comments
johnmckeownblog
May 11, 20234 min
A Palpable and Overriding Error Must be Shown to Successfully Appeal From an Examiners Refusal
A Palpable and Overriding Error Must be Shown to Successfully Appeal From an Examiner's Refusal Tweak-D Inc. v. Attorney General of...
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johnmckeownblog
May 10, 20235 min
When Not to Seek a Summary Trial!
When Not to Seek a Summary Trial! Dermaspark Products Inc v. Patel 2023 FC 388 A defendant categorized the plaintiff’s claims as an...
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johnmckeownblog
May 8, 20236 min
A Fight to the Finish
A decision of the Federal Court deals with abandonment of registered trademark as well as bad faith. Travel Leaders Group, LLC v. 2042923...
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johnmckeownblog
Apr 28, 20233 min
What’s Included in a Trademark Application
An application for the registration of a trademark for goods or services may be filed if the applicant is using or proposes to use, and...
33 views0 comments
johnmckeownblog
Apr 11, 20234 min
Recent Copyright Decisions
In this blog entry we deal with copyright developments in the last few months. The General Term of Protection The general term of...
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