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News

  • Trademarks

    Drainvac v. Vacuum Specialists: Navigating Costs in Federal Court

    The court’s 2024 decision in Drainvac v. Vacuum Specialists highlights the critical role of active engagement in case management processes and the possible cost consequences for both parties of failing to actively participate in legal proceedings and comply with deadlines.

    3 Apr, 2024

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  • Trademarks

    More Clarity on New Language Requirements for Trademarks in Quebec

    Quebec has introduced new language requirements for businesses trying to sell goods and services to Quebeckers. The new requirements are scheduled to come into force on June 1, 2025. In sum, the new law will generally require businesses to seek a trademark registration for all non-French trademarks.

    10 Feb, 2024

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  • Trademarks

    Bad Faith Relied Upon to Expunge Registrations

    With amendments to the Trademarks Act in 2019, bad faith was introduced as a new ground to oppose trademark applications and, by implication, a new ground to expunge existing registrations. Relying upon bad faith at filing, the Federal Court recently invalidated two existing registrations.

    8 Mar, 2023

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  • Trademarks

    Correspondence Practices in Canada for Madrid

    Foreign applicants are able to file trademark applications in Canada through WIPO. However, CIPO will not communicate with foreign counsel. This often results in lost or misdirected notices and abandonment of the application by default. We recommend appointing a Canadian agent promptly after filing.

    31 Jan, 2023

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  • Trademarks

    Bad Faith Branding

    For the first time, the Federal Court has held that a trademark application was filed in “bad faith” under the new amendments to the Trademarks Act. In Beijing Judian Restaurant Co. Ltd. v. Meng, the court was presented with a perfect storm of evidence that ultimately led to a finding of bad fai

    1 Sep, 2022

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  • Trademarks

    Official Marks to be Subject to Summary Expungement

    In recent amendments to the Trademarks Act, a new provision was introduced for the summary expungement of official marks. In anticipation of the amendment coming into force, CIPO has issued a DRAFT practice notice for public comment. While overall beneficial, new risks are raised for official marks.

    1 Jun, 2022

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