Tag: trade-marks

Canada’s Federal Court Provides Welcome Guidance on Geographically Descriptive Trademarks

Canada’s Federal Court of Appeal (the “Court of Appeal”) has recently had the opportunity to clarify the test for  registrability of geographically descriptive trademarks in two separate decisions. The most recent of these is the decision in MC Imports Inc. v. AFOD Ltd., 2016 FCA 60.  In the proceedings underlying the appeal, MC Imports Inc. … Continue Reading

USE IT OR LOSE IT- in Canada

Under the Canadian Trade-marks Act, one can request that the Registrar of Trade-marks commence Section 45 Proceedings to cancel a trademark registration for non-use.  The Act states that the Registrar shall, upon the written request by any person (who pays the prescribed fee) after three years from the date of registration of a trademark, unless … Continue Reading

IT’S NICE IN CANADA THESE DAYS – CANADIAN TRADE-MARKS OFFICE IS ADOPTING NICE CLASSIFICATION

As of September 28, 2015, the Canadian Trade-marks Office  (“CIPO”) indicated that it accepts trade-mark applications with the goods and services grouped and classed according to the Nice Classification system.  CIPO issued a Practice Notice entitled Nice Classification on September 28, 2015.  Prior to September 28th, the Nice classification system was not used in Canada … Continue Reading

Back to school – Keyword advertising 101

In the 21st century, when advertising is frequently conducted via the Internet, the use of keyword advertising has become an increasingly contentious point of trade-mark law. In short, keyword advertising is a form of online advertising in which a business selects words or phrases (the “keywords”) that trigger its advertisements to appear when the user … Continue Reading

IP licensing and structuring considerations for Australian registered trade mark owners

The recent Federal Court of Australia decision in Skyy Spririts LLC v Lodestar Anstalt [2015] FCA 509 serves as a reminder that Australian registered trade marks are vulnerable to removal on the basis of non-use if licensing and structuring arrangements are not adequate. Under the Australian Trade Marks Act 1995 (Cth) a trade mark may, … Continue Reading

Canada: Combating Counterfeit Products Act Receives Royal Assent

On December 9, 2014 Royal Assent was given to Bill C-8, the Combating Counterfeit Products Act. The intention of Bill C-8 is to give the government and holders of trade-marks and copyrights new mechanisms for enforcement, along with substantial remedies, in order to combat counterfeit and black-market goods. Before the introduction of Bill C-8, Canada had … Continue Reading
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