Blog

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...

In this blog entry we deal with copyright developments in the last few months. The Right to Repair Policy In its Budget of 2024, the...

This month we turn to a new topic. Introductory comments about trade oppositions follow. A trademark owner must vigilantly monitor the...

A decision of the Ontario Supreme Court clarifies what is required to obtain an interlocutory injunction and shows the risks of not...

After a long and convoluted history of litigation between the parties, the Federal Court of Appeal granted an accounting of profits to...

A decision of the Federal Court deals with the concept of incidental and ancillary services and the obligation to show use of a trademark...

A decision of the Federal Court raises interesting issues relating to a claim for copyright infringement. The claim concerned photographs...

The fifth circumstance to be considered in determining whether trademarks or trade names are confusing is the degree of resemblance...

We previously mentioned the statutory factors. Now is the time to deal with them in more detail. Nature of the Trade The fourth...

Two decisions in the Federal Court illustrate the advantages and disadvantages of proceeding by way of application in the Federal Court....

Another battle concerning trademark use in the context of section 45 proceedings has occurred. The respondent spared no effort in...

A recent decision of the Federal Court illustrates the importance of having a clear understanding and a written agreement concerning who...

A decision of the Federal Court expunged the registration of a trademark under section 57 of the Trademarks Act based on the applicant’s...

We previously mentioned the statutory factors. Now is the time to deal with them in more detail. Duration of Use The second factor to be...

We previously mentioned the statutory factors. Now is the time to deal with them in more detail. Inherent Distinctiveness The first...