*/ ?>

News

  • Trademarks

    ORNAMENTAL MARKINGS AS TRADEMARKS IN CANADA

    You've adopted a unique pattern of shapes or colours applied to your products and file a trademark application seeking its registration. After your application is approved by the examiner, it is opposed by a third party on the ground that the mark is "merely ornamental". When is a mark "mere ornamentation" rather than a trademark?

    17 Apr, 2026

    Read More
  • Trademarks

    Leave to File New Evidence on Appeal from Opposition Board: The Test

    On April 1, 2025, several amendments to Canada’s Trademarks Act (the “Act”) came into force that have significantly impacted practice before the Opposition Board. One of the most notable is a new requirement to seek leave to file new evidence in any appeal of a Board decision to the Federal Court. We now have some guidance from the court respecting the relevant legal test.

    20 Mar, 2026

    Read More
  • Trademarks

    REGISTERING SURNAMES AS TRADEMARKS IN CANADA

    For many businesses, a family name is more than just an identity; it is their legacy. The branding for countless businesses is built around surnames, with founders proudly placing their names on storefronts, packaging, goods, and advertising. Goodwill in the surname can develop over years and sometimes generations in business. Yet registering a surname as a trademark in Canada is not simple.

    14 Mar, 2026

    Read More
  • Trademarks

    Amendments to Trademarks Act Come into Force April 1, 2025

    Amendments to the Trademarks Act introduce practice changes at Opposition Board and Federal Court. Opposition board will have new authority to award costs, issue confidentiality orders and revoke official marks. At the Federal Court, parties will be required to seek leave to file fresh evidence on appeal and to demonstrate use of trademarks registered for less than 3 years prior to enforcement.

    20 Mar, 2025

    Read More
  • Trademarks

    Section 45 Pilot Project

    Beginning in January 2025, the registrar launched a pilot project to proactively remove marks from the trademark register in Canada that are no longer in use. The hope is to more efficiently clear marks regarded as “deadwood” from the trademark register and to amend registrations to more accurately state the scope of associated goods and services.

    14 Feb, 2025

    Read More
  • Trademarks

    Accelerating Trademark Applications in Canada

    This article explains two ways to speed up Canadian trademark applications: (1) through expedited examination which requires an affidavit; or (2) by using the Goods and Services Manual. Its purpose is to help applicants avoid delays in the process of their applications.

    18 Sep, 2024

    Read More