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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...

2022 has again been a difficult year for trademark owners and their advisors. While the impact of the pandemic may have lessened it is...

A decision of the Federal Court illustrates the advantages associated with the summary judgement/trial approach used by the Court....

A decision of the Federal court helps to clarify the correct approach to determine when an industrial design registration has been...

It has again been a busy year for copyright law. The Supreme Court of Canada has released a decision concerning the “making available...

Last month we dealt with some of the basic rules about trademark use. This month we are dealing with the specific rules that apply to...

This month we are continuing with the discussion concerning trademark use. We deal with additional requirements and the practical rules...

The Facts Lindt & Sprüngli AG, (Lindt) manufactures and sells food and luxury goods, in particular chocolate items. Lindt owns two Swiss...

The Facts Canadian Energy Services L.P. and Canadian Energy Services Inc. (collectively, Canadian Energy) are successors in interest to...

Consumers are concerned about the environment and climate change. There is an increased demand for ‘green' products and services that are...

A decision of the Federal Court deals with the standard of review applicable to an appeal from the Trademarks Opposition Board. Vivo...

The trademark use is of fundamental importance in determining the rights of a trademark owner. The outline below shows how it works and...

In this blog entry we deal with copyright developments in the last few months A New Media Retransmitter In Videotron Ltd v. Konek...

Adoption The Trademarks Act contemplates that rights in a mark are acquired by adopting it. A trademark is deemed to have been adopted by...

A decision of the Federal Court illustrates how section 45 can impact a trademark owner. Vass v. Leef Inc. 2022 FC 1192 Section 45 The...

A decision of the Federal Court deals with some interesting points concerning claims relating to the sale of counterfeit goods. Lululemon...

The Federal Court and the Trademarks Opposition Board have taken a non-technical approach to considering the scope of a ground of...

A decision of the UK High Court shows that a trademark owner can prevent a third party from taking unfair advantage of their trademark....

Once it has been decided to seek a trademark registration a trademark owner needs to consider what is taking place in the marketplace to...

A brand owner must understand how the Canadian trademark system works so that it can be used to the maximum extent possible to protect...