The Canadian Trademarks Office has recently announced upcoming reductions to time limitations in Opposition and Section 45 Summary Cancellation Proceedings. The CIPO has stated that these changes will be implemented shortly in an effort to provide more timely and efficient proceedings. Parties who wish to take advantage of the current longer time periods should request [...]
The Canadian Intellectual Property Office (CIPO) has recently announced that effective January 1, 2024, most trademark fees will increase by approximately 25 per cent. CIPO has stated that the fee increases are required due to several operational and financial factors including an almost 30% inflation rate since 2004 in labour costs and to fulfill treaty [...]
By Tracy Corneau & Steven Andrews Background On October 30, 2020, the Plaintiff, 278861 Ontario Inc. applied to register BOMBAY FRANKIES in association with catering services, restaurant services, takeout restaurant services and delivery of food by restaurants; offering technical assistance in the establishment and operation of restaurant franchises. The Plaintiffs had not used their trademark [...]
By Tracy Corneau & Alyssa Lamont In the recent decision of Beijing Judian Restaurant Co. Ltd. v. Meng, 2022 FC 743, the FCTD found the registrant had acted in bad faith, contrary to Subsection 18(1)(e) of the Canadian Trademarks Act. This provision was added to the new TMA in 2019. Background Beijing Judian is a [...]
Further to our article of June 17, 2021, as of May 24, 2022, the Quebec government has adopted Bill 96. The amendments will considerably impact the use of non-French trademarks in Québec and would significantly limit the use of non-French trademarks on product packaging and labelling. The Bill also includes restrictions to public signage, posters and commercial [...]
Recently, the Supreme Court of Canada dismissed an application for leave to appeal in Travelway Group International Inc. v Group III International Ltd. With this dismissal, the findings of the Courts in this matter are final. As such, it seems like an excellent opportunity to review the history of this matter and how these decisions highlight [...]
What comes to mind when someone asks you about a brand or a trademark? The iconic brands of Coca Cola, Microsoft, Nike? Why are these brands so iconic? How have they evolved over time to evoke more than merely a word or a logo? History of a Brand According to Taylor Holland in The Content [...]
Update from the Canadian Trademarks Office - Practice Notice on Extensions of Time in Examination and Section 44.1 Notice. https://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr04736.html
Canadian Trademarks Office - Update on Exclusionary Language Used in wording of Goods/Services in response to Office Actions In a Practice Notice dated July 19, 2021, The Canadian Trademarks Office (TMO) updated its guidance on the use of exclusionary language in goods and services in response to office actions (generally used to overcome confusion objections). [...]
Trademark and Business Considerations The revisions tabled May 13, 2021, by the Quebec provincial government, under Bill 96-An Act respecting French, the official and common language of Quebec, will have a significant impact on businesses (including brands, signage, commercial packaging and labelling and business documents). As a fair amount of debate is likely, the finalization [...]
