Combatting Counterfeit Products in Canada

On December 9, 2014, Canada’s Parliament passed Bill C-8: the Combating Counterfeit Products Act (CCPA). The bill received Royal Assent the same day. This Act amends the Canadian Trade-marks Act by providing new trademark prohibitions and offenses, along with new border measures for detaining counterfeit goods. In particular, this new law allows the owner of […]

Strange Trademark Invoice or Bill?

Because trademark owners must put their name and address in the trademark application, and this information is made public, our clients often report receiving strange invoices or bills from unknown businesses regarding their trademark application. Often these invoices are for large amounts, from businesses in a foreign country and request payment in Euro’s or other […]

Apple gets registered trademark for “iPad” in Canada

Every Wednesday the Canadian Intellectual Property Office’s online trademark database is updated to reflect changes that happened to the various trademark applications during the previous week. Today, Patently Apple was quick to notice that Apple Inc. finally has a Canadian trademark registration for the word-mark: IPAD. Apple’s Canadian application registered under no. TMA862,033 in relation […]

Section 45 – Get trademark “use” evidence right!

Trademark law can be technical.  Getting things wrong can result in an expunged registration and loss of trademark rights. In the recent case of Medos Services Corporation v. Ridout and Maybee LLP [2013 FC 1006], the registered owner of the trademark MEDOS (TMA372,284) tried to hang onto their registration.   Unfortunately, the owner was unsuccessful. This […]

Online “Use” of a Trademark

With the increase in Internet commerce and more Canadians buying goods and services online, the question of whether a particular trademark is “used” within Canada, by a business located in a foreign country, is becoming more difficult to answer. Traditionally, for there to be “use” of a mark under Canadian trademark law, a business would […]

What is a Trade-mark?

A trade-mark can consist of a word, slogan, logo, symbol, design or any combination thereof, adopted and used by a manufacturer or merchant to identify his or her goods or services and to distinguish them from those manufactured and sold by others. Examples are everywhere you look: the words “Coca Cola” and the Nike “swoosh” […]