Focus On

Intellectual Property


Friday, June 21, 2019 @ 2:32 PM

Downey commits to collaborative approach as Ontario’s new attorney general Exclusive

Lauded by former colleagues for his collegiality, Ontario’s new Attorney General Douglas Richard Downey plans to take a collaborative approach on new initiatives and lingering issues that dogged his predecessor, including one that drew a comment from Canada’s top judge. ... [read more]

Friday, June 21, 2019 @ 2:10 PM

Overview of Canada’s new Trade-marks Act: A compendium referencebook

Trademark reform arrived on June 17, 2019. We cannot say that it was a surprise since it’s been pending since 2013. There are many significant developments such as the impact of the changes on searching and clearance procedures, the scope of what can be applied for in an application and how applications are processed, and opposition practice as well as the prospect of filing internationally under the Madrid system. The impact on brand owners will be significant as they must now be more vigilant to ensure their rights are protected. For lawyers and trademark agents there are new complexities to deal with. ... [read more]

Friday, June 21, 2019 @ 12:27 PM

An overview concerning Canadian trademark reform lighbulbs

From 1953 until 2013, Canada’s Trade-marks Act remained largely unchanged (besides the welcome repeal of the old “registered user” system). However, starting in 2013, and continuing up to just weeks ago, successive Canadian governments have introduced sweeping amendments to the trademark regime. Some changes reflect the government’s interest in international harmonization of laws and membership in key trademark treaties, while others can be traced to trade negotiations, including with both Europe and the United States. ... [read more]

Wednesday, June 19, 2019 @ 1:07 PM

Why uniquely Canadian official marks are trademarks ‘on steroids’ Sylizedflag

June 17 was the highly anticipated coming into force date of the implementation of significant amendments to the Canadian Trade-marks Act under Bill C-31, and certain amendments under Bill C-86. ... [read more]

Wednesday, June 19, 2019 @ 12:17 PM

Gowling WLG expands IP practice in China

Gowling WLG announced the expansion of its intellectual property (IP) practice in China. The growth of the Beijing-based practice will enable the firm to better serve its global clientele in one of the world’s fastest-growing — and most challenging — IP markets. ... [read more]

Tuesday, June 18, 2019 @ 2:43 PM

Downsides of Madrid International Registration trademark system flatearthmoney.jpg

On June 17 Canada joined the Madrid International Registration (IR) trademark system. In the first part of this two-part series, I explained why Canadian brand owners should care and I outlined the advantages of the IR system. In this second column, I talk about disadvantages of an IR and include some tips for moving forward. ... [read more]

Tuesday, June 18, 2019 @ 1:58 PM

What Madrid International Registration trademark system means to you electricblueplanetearth

On June 17 Canada joined the Madrid International Registration (IR) trademark system. So why should Canadian brand owners care? ... [read more]

Tuesday, June 18, 2019 @ 11:14 AM

Canada’s new trademark regime: Bad faith in opposition cases Bluefacetoface

With effect from June 17, opponents will no longer have available to them many grounds of opposition pointing to technical deficiencies in an application or flawed “use” claims. However, they will have one new “tool in their toolbox” when filing a statement of opposition against a trademark application advertised for opposition on or after June 17. ... [read more]

Monday, June 17, 2019 @ 1:21 PM

Brand clearance challenges in ‘use-less’ regime Internet Troll

After years of anticipation, on June 17 Canada rolled out significant changes to its trademark law. Among the important changes is the elimination of “use” as a pre-requisite to trademark registration. While this change will simplify trademark applications, it also opens the door to an increase in “clutter” of the Trademarks Register, contentious proceedings and trademark squatters. Accordingly, suitable trademark searching, clearance and monitoring will become increasingly important — and challenging — under the new trademark regime. ... [read more]

Monday, June 17, 2019 @ 12:02 PM

Prosecution of trademark applications post June 17: A distinctive affair scentedsoap.jpg

The changes to Canadian trademark law and practice that come into force June 17 will significantly impact the prosecution of Canadian trademark applications. ... [read more]