Insights: Trademark Updates
Counterfeiting: What Is It and What Can You Do About It?
The value of your brands and other intellectual property (IP) rights can be affected both positively and negatively as you expand your markets – in many cases as the notoriety of your company and your brands increases, so does the temptation for people to copy or trade on the goodwill and value of your IP rights and planning to deal with counterfeit products is one area in which many companies can benefit from the deployment of some resources. Companies addressing some of these issues in their market development plans will be best positioned to protect, exploit and maximize their own IP positions as their businesses grow.
Public Authority Trademarks in Canada – Legislative Reform
On June 9, 2014 Bill C-611 (a private members bill) was put before Parliament with the intention of amending section 9 of the Trademarks Act,which deals with official marks. Section 9, and official mark protection thereunder, is the primary purview of governments and governmental authorities within Canada allowing for streamlined access to broader protection for public authorities and official marks than is available in most circumstances to regular trademark applicants.
New Canadian trademark law amendments – business impact
In the summer of 2014 a large series of amendments to the Trademarks Act in Canada received Royal Assent. The implementation of these treaties and legislative changes will have a significant impact on trademark practice and brand owners in Canada.
Canadian government introduces new anti-counterfeiting measures
On March 1, 2013, the Government of Canada introduced new anticounterfeiting legislation in draft form for consideration to Parliament.
Use It or Lose It – Importance of Use to a Trademark Owner
In order to maintain the validity of a Canadian trademark registration, the trademark must be used as registered. Trademark usage is what actually supports the ongoing validity of your trademark in the marketplace.
Supreme Court of Canada: Trademark confusion test
The Supreme Court of Canada decision in the case of Masterpiece Inc. v. Alavida Lifestyles Inc. provides a recent precedential review of the law around trademark confusion.