Supreme Court of Canada eliminates Promise of Patent Doctrine

On June 30, 2017, in Case Law, Legislation, News, Patents, by Natalie Raffoul

In an exciting decision released today, the Supreme Court of Canada eliminates the Promise Doctrine in Canadian patent law, which was established by the Federal Courts of Canada some years ago. Under the Promise Doctrine, patents could be invalidated if they did not live up to all of the promises made in the patent, such as […]

Happy Birthday Canada! Canada’s 150 Logo and Your Brand

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

The Canada 150 logo is being made available for use by any organization/company that applies for a license from Heritage Canada. As a licensee, the license holder is authorized to use the Canada 150 logo for either commercial or non-commercial purposes, the former of which is defined as either: (a) the reproduction of the logo […]

Amazon Expands its Brand Registry Program

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

E-commerce leader Amazon.com 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 […]

Features of Colour! Now part of a Combination of Features Protectable as a Canadian Industrial Design

On January 16, 2017, in Industrial Design, Legislation, News, by Natalie Raffoul

We are excited to report that the Industrial Design Office now takes the position that colour may form part of a combination of features that constitute a design as defined in section 2 of the Industrial Design Act.  However, colour as the sole design feature is not considered to fall within the definition of a design. […]

Supreme Court to Consider BC Court Order Vs. Google

On December 15, 2016, in News, Trademarks, by Paula Clancy

This week the Supreme Court of Canada heard an appeal by Google against a 2015 decision of the Supreme Court of British Columbia requiring Google to remove hundreds of links and to modify search results in order to block traffic to websites carrying infringing products.  Click here to see a webcast of the SCC hearing.  […]

NHL Expansion Team in Trademark Trouble – USPTO Issues Preliminary Refusal Against “VEGAS GOLDEN KNIGHTS” Application

On December 8, 2016, in News, Trademarks, by Paula Clancy

Not even a major franchise system like the NHL is immune from trademark troubles: the USPTO has issued a preliminary refusal against the NHL expansion team’s trademark application for VEGAS GOLDEN KNIGHTS (Ser. No. 87/147,239). The NHL had announced the name of its newest expansion team a mere two weeks prior to the USPTO refusal.   […]

Canada and the EU sign CETA

On November 14, 2016, in CETA, News, Trademarks, by Paula Clancy

After stumbling near the finish line, Canada and the EU were finally able to sign the Comprehensive Economic and Trade Agreement (CETA) on October 30, 2016.  Bill C-30 (the CETA Implementation Act) was tabled the following day, on October 31, 2016. CETA brings significant changes to Canada’s trademark and patent laws.  On the trademark front, […]

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.  […]

Attention Quebec Retailers! New French Language Regulations Coming Soon

On November 14, 2016, in Legislation, News, Trademarks, by Paula Clancy

The Quebec government introduced amendments to the Charter of the French Language that will come into force on November 24, 2016.  As a result, all Quebec businesses will now be required to add French words to their non-French trademarks on all outdoor signage.  This means that retailers like WALMART or BEST BUY will now need […]

CIPO Issues Scam Warning

On July 27, 2016, in News, Patents, Trademarks, by Paula Clancy

The Canadian Intellectual Property Office (CIPO) has issued a warning regarding various scam emails and letters that are being sent to registered patent and trademark owners. These notices are designed to closely resemble CIPO notices. Please do not extend payment to any entity, regardless of how formal the invoice or notice looks.  Any charges related […]