Amazon Expands its Brand Registry Program

On May 10, 2017, in News, Trademark Tips, Trademarks, by Paula Clancy

E-commerce leader is expanding its brand registry program to include measures aimed at combating the sale of counterfeit goods on its website.  The expanded anti-counterfeiting program will allow rights holders to register their logos and intellectual property with Amazon, with the aim of expediting the removal of any listings and seller accounts that are […]

Can I Register a Geographic Name as a Trademark?

On November 14, 2016, in News, Trademark Tips, Trademarks, by Paula Clancy

The simple and prudent answer is ‘no’.  A trademark is not registrable if it is clearly descriptive, or deceptively misdescriptive of the place of origin of the goods associated with the mark. The Canadian Trademarks Office recently issued a new practice notice clarifying its practice with respect to marks that describe a place of origin.  […]

New Combating Counterfeit Products Act Procedures Will Help Brand Owners

On January 22, 2015, in News, Trademark Tips, Trademarks, by Paula Clancy

The Combating Counterfeit Products Act came into force on January 1, 2015.  In addition to expanding the definition of trademark infringement to include the manufacture, possession, import and export of protected goods for the purpose of sale or distribution, the Act creates new criminal offences of copyright and trademark infringement.  Penalties for knowingly infringing on […]

To Renew or Not Renew – Has CIPO Answered the Question?

On December 2, 2014, in News, Trademark Tips, Trademarks, by Paula Clancy

Bill C-31, which is expected to come into force in late 2015 or early 2016, will reduce the Canadian trademark registration period from 15 years to 10 years.  As a result, many trademark owners have opted to renew their registrations early in order to take advantage of the current 15 year registration period. CIPO  has […]

Case Review: Coors Brewing Company v Anheuser-Busch LLC

On September 1, 2014, in News, Trademark Tips, Trademarks, by Paula Clancy

The Canadian Federal Court has confirmed that a registration cannot be invalidated merely on the basis that a claim for foreign use of a mark was made subsequent to the Canadian filing date.  As noted in our earlier post entitled “Possible Pitfalls in Claiming Use and Registration Abroad for Foreign Applicants”, the Thymes decision of the Opposition […]

Moving Closer to Trademark Law Harmonization – CIPO joins OHIM Database of Goods and Services

On August 30, 2014, in News, Trademark Tips, Trademarks, by Paula Clancy

On August 25, 2014, the Canadian Intellectual Property Office (CIPO) joined the European Community Trademark Office (OHIM) database of goods and services,  TMclass.   TMclass is an online tool, with over 60,000 entries in 28 languages, that allows trademark practitioners to verify whether a particular term is acceptable in other national trademark offices.  Canada joins over […]

OHIM Changes Practice for Black and White Marks

On August 30, 2014, in News, Trademark Tips, Trademarks, by Paula Clancy

On June 2, 2014, the European Community Trade-mark Office (known as “OHIM”), changed its practice for trade0marks filed in black and white or gray-scale.  Specifically, while a black and white registration was thought to cover all colour variants of the mark, OHIM’s new policy suggests that this is no longer the case.  Under the new […]

Canadian Trade-marks Office Now Accepting Sound Marks

On March 29, 2012, in News, Trademark Tips, by Paula Clancy

Trade-mark consisting of a sound Publication Date: 2012-03-28 On March 28, 2012, the Canadian Trade-marks Office published a Practice Notice indicating that, effective immediately, the Office will accept applications for sound marks.  Applications for the registration of sound marks must include the following: an indication that the application is for the registration of a sound […]

Paula Clancy and Natalie Raffoul present at Sprott School of Business, Carleton University

On March 2, 2012, in News, Patents, Trademark Tips, by Paula Clancy

Paula Clancy and Natalie Raffoul presented “An Entrepreneur’s Overview of Intellectual Property” to a group of future entrepreneurs at the Sprott School of Business, Carleton University.  To obtain a copy of the presentation, please contact us.

Trade-mark Symbols: ™ and ®

On May 10, 2010, in Trademark Tips, by Paula Clancy

As soon as you begin using a trade-mark in commerce, be sure to mark your trade-mark with the ™ symbol.   Anyone who claims rights in a trade-mark may use this symbol, even if the mark has not yet been registered with the Canadian Intellectual Property Office.    Once a trade-mark has been registered, the ® symbol […]