trademarkblog.ca

Battle Royal(e): Use of Trademarks Beyond Sales Representative Agreement Constitutes Infringement and Passing Off; SCC Dismisses Appeal

Caroline Camp — Fri, 07 May 2021 18:15:42 +0000

This case serves as a good reminder for licensees to carefully review trademark license provisions in sales representative, product distribution and similar agreements for their specific terms relating to permitted use of relevant trademarks - and to consider the risks of using such trademarks outside the activities specifically permitted in such agreements.

CIPO targets Canadian trademark prosecution backlog

Neil Melliship — Thu, 06 May 2021 17:17:26 +0000

The Canadian Intellectual Property Office has issued two new Practice Notices aimed and reducing the current lengthy time for examination of trademark applications filed directly in Canada under the non-Madrid system for international registration.

Wheat Kings and Alleged Wrongdoings: The Tragically Hip Sues Mill Street over “100th Meridian” Beer

David Bowden — Tue, 16 Feb 2021 16:37:43 +0000

On February 9, 2021, THE Incorporated – better known as “The Tragically Hip” or “The Hip” – filed a Statement of Claim (the “Claim”) in Canada’s Federal Court, alleging trademark infringement, copyright infringement, passing off, and other causes of action...

Bricks and Mortar or Online Order? Federal Court of Appeal decides what Constitutes Trademark “Use” in Association with Hotel Services

David Bowden — Fri, 11 Sep 2020 15:09:30 +0000

Over the last few decades, Courts in Canada have grappled with whether “hotel services” and “motel services” can be performed in Canada in the absence of physical hotel premises in the country. In its decision in Hilton Worldwide Holding LLP...

CIPO Issues Blanket Extension to Trademark Deadlines (Again): Until August 31, 2020

Athar K. Malik — Fri, 21 Aug 2020 18:33:13 +0000

After previously announcing what was supposed to have been the final (for now) blanket extension of time, the Canadian Intellectual Property Office has made yet one further automatic extension, effectively until August 31, 2020. This is to account both for...

CIPO Issues Notice of Final Blanket Extension (for now)

Jeffrey Vicq — Thu, 06 Aug 2020 20:51:53 +0000

The Canadian Intellectual Property Office has just published notice of its decision to further extend the “designated days” period on account of continuing COVID-19 disruptions. Since the onset of the pandemic in Canada in early March, CIPO has issued nine...

CIPO Again Extends Trademark Deadlines Due to COVID-19: Until August 10, 2020

Athar K. Malik — Fri, 17 Jul 2020 18:01:51 +0000

Now for the eight time, the Canadian Intellectual Property Office has again extended its earlier automatic extensions on account of continuing COVID-19 disruptions, until at least August 10, 2020 (the previous and seventh extension discussed here). These extensions now effectively...

Yet Another CIPO Extension to Trademark Deadlines Due to COVID-19: Until July 20, 2020

Athar K. Malik — Fri, 03 Jul 2020 00:18:29 +0000

In light of the continuing COVID-19 disruptions, the Canadian Intellectual Property Office has again extended its earlier automatic extensions, now until at least July 20, 2020 (the previous and sixth extension discussed here). These extensions now effectively cover deadlines falling...

Sixth CIPO Extension to Trademark Deadlines Due to COVID-19: Until July 6, 2020

Athar K. Malik — Tue, 09 Jun 2020 22:33:54 +0000

Once again, in light of COVID-19 disruptions, the Canadian Intellectual Property Office has extended its earlier automatic extensions until at least July 6, 2020 (the previous extension discussed here). These extensions now effectively cover deadlines falling between March 16, 2020...

Further CIPO Extension to Trademark Deadlines Due to COVID-19: Until June 15, 2020

Athar K. Malik — Wed, 27 May 2020 06:34:49 +0000

The Canadian Intellectual Property Office has yet again (the previous and fourth extension discussed here) extended its earlier automatic extensions until at least June 15, 2020. These extensions, to deal with COVID-19 disruptions, now effectively cover deadlines falling between March...