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johnmckeownblog
Jul 12, 20233 min read
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 read
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 read
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 read
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 read
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 read
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 read
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 read
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...
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johnmckeownblog
Apr 11, 20234 min read
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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johnmckeownblog
Apr 5, 20232 min read
Entitlement
Under the amended Trademarks Act after June 17, 2019, the rules for determining priority have been changed because of the elimination of...
71 views0 comments
johnmckeownblog
Mar 19, 20234 min read
When are Directors and Officers Liable for Infringement?
A decision of the English High Court of Justice deals with the responsibility of officers and directors of a company for alleged...
93 views0 comments
johnmckeownblog
Mar 18, 20237 min read
The Importance of the Evidence in A Trademark Opposition!
A recent decision of the Federal Court of Appeal emphasizes the importance of the evidence required to succeed in a trademark opposition....
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johnmckeownblog
Mar 17, 20234 min read
Confusion and Chinese Characters
A decision of the Federal Court confirms the approach to be taken concerning trademarks composed of Chinese characters and deals with bad...
101 views0 comments
johnmckeownblog
Mar 17, 20235 min read
Is the Use of Multiple Trademarks on the Same Good Acceptable?
A decision of the Federal Court deals with trademark use for both goods and services and provides an answer to the question raised above....
425 views0 comments
johnmckeownblog
Mar 2, 20232 min read
Deviating Trademark Use
Departing from the precise form of a trademark as registered is not a wise practice unless it is carefully planned and implemented by...
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johnmckeownblog
Feb 1, 20233 min read
Trademark Use – Services
A trademark is deemed used in association with a service if it is used or displayed in the performance or advertising of the service in...
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johnmckeownblog
Jan 16, 202314 min read
Key Trademark Decisions in 2022
2022 has again been a difficult year for trademark owners and their advisors. While the impact of the pandemic may have lessened it is...
59 views0 comments
johnmckeownblog
Jan 16, 20234 min read
Consider Summary Judgement or Trial in the Federal Court
A decision of the Federal Court illustrates the advantages associated with the summary judgement/trial approach used by the Court....
89 views0 comments
johnmckeownblog
Jan 16, 20234 min read
When is an Industrial Design Infringed?
A decision of the Federal court helps to clarify the correct approach to determine when an industrial design registration has been...
152 views0 comments
johnmckeownblog
Jan 10, 202317 min read
Notable Copyright Decisions in 2022
It has again been a busy year for copyright law. The Supreme Court of Canada has released a decision concerning the “making available...
317 views0 comments
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